In today’s world, background checks are a part of life, whether you’re going through an employment screening, seeking housing, or a loan. A clean criminal background is seen as a prerequisite for opportunity. Unfortunately, inaccuracies in criminal background checks are more common than you think and can have long-lasting consequences for the individual affected.
If you’ve found errors in your background report, Fair Credit Attorneys can help you navigate the Consumer Law avenues to correct these mistakes and protect your reputation.
Types of Errors in Criminal Background Checks
Criminal background check reports are compiled by third-party agencies using data from public and private databases. However, this process is prone to errors, which can range from clerical mistakes to outdated information that was never corrected. Some of the most common errors include:
- Mismatched Identity: When someone else’s criminal record is incorrectly associated with your name. This can happen due to similar names, incorrect Social Security numbers, or even credit report identity mix-ups.
- Personal Information Discrepancies: Personal information discrepancies can affect education verification, cause confusion with government agencies, or even lead to incorrect eviction records. These errors can result in serious consequences if not corrected quickly.
- Expunged or Sealed Records: Sometimes criminal charges that were expunged (erased) or sealed (hidden from public view) show up on background checks due to outdated or incomplete information.
- Incorrect Details of Criminal Charges: A minor charge may be exaggerated in severity or the final disposition or court records of a case (such as a dismissal or not guilty verdict) may not be reflected.
- Arrest Records Without Convictions: Many background checks report arrests without distinguishing whether the individual has any criminal convictions. While an arrest alone doesn’t mean guilt, having this information on your record can lead to unfair judgments and adverse action from employers.
How to Fix a Mistake on Your Criminal Background Check
You have rights under the Fair Credit Reporting Act (FCRA), a federal law that requires background check companies to provide accurate information and correct errors when they’re reported. Here’s how Fair Credit Attorneys can help you fix these mistakes:
- Dispute the Error
We help you file a dispute with the background check company and any third-party data providers. They are required to investigate and correct mistakes within 30 days under the FCRA.
2. Correct Expunged or Sealed Records
If old charges that should be hidden are still showing up, we’ll work with the courts and agencies to ensure they’re removed from your public record.
3. Take Legal Action if Needed
If the error causes you to lose a job or housing, you may be entitled to compensation. We can represent you in a lawsuit against negligent reporting agencies.
4. Prevent Future Errors
The legal assistance Fair Credit Attorneys provides can monitor your reports and help you stay protected from future inaccuracies.
Do you have errors in your credit report? Learn more about how Fair Credit Attorneys can help you get them resolved.
The Consequences of Inaccurate Criminal Records
Inaccurate criminal background checks can create significant barriers for individuals, especially when it comes to:
Employment History:
Employers run background screening reports as part of their hiring process, and even a minor inaccuracy can negatively impact your employment opportunities. A false criminal record can suggest dishonesty or lack of trustworthiness, even if you have a clean record. This can lead to unfair job rejections, career setbacks, and loss of income.
Housing:
Landlords require a tenant background check when renting properties. A mistaken criminal charge can lead to denial of rental applications or show errors in your credit history, making it hard to find housing or forcing you into less desirable living situations. This can be especially devastating for individuals who need stable housing to maintain employment or care for their families. Loans and Financial Opportunities:
A false criminal record can also affect your ability to get loans or mortgages. Lenders see criminal history as a risk factor and may deny you financial products or offer less favorable loan terms.
How Fair Credit Attorneys Can Help
Correcting a mistake in your criminal background check can be a complex process but Fair Credit Attorneys can guide you every step of the way. Here’s how we can help:
- Dispute Resolution: We can help you file a formal dispute with the reporting agency and the database from which the incorrect information was sourced. Under the Fair Credit Reporting Act (FCRA), these agencies are required to investigate and correct errors within a reasonable time frame.
- Expungement and Record Sealing Assistance: If your background check includes information about charges that were expunged or sealed, we can work with the courts and reporting agencies to make sure this information is hidden from public view.
- Legal Representation: If the background check error is causing significant harm (loss of employment or housing) we may pursue legal action to seek damages for the harm the error has caused to your life.
- Preventing Future Errors: We can also help monitor your background reports to ensure corrections are implemented and no new errors arise. By being proactive, you can protect your reputation and avoid future issues.
Fair Credit Reporting Act (FCRA)
The Fair Credit Reporting Act (FCRA) is designed to promote the accuracy and privacy of information in the files of consumer reporting agencies. The FCRA gives you the right to request corrections to inaccurate information, demand the removal of erroneous or outdated records, and take legal action against agencies that fail to comply. Fair Credit Attorneys are experienced in FCRA litigation and can use this powerful tool to protect your rights and make sure your background report reflects the truth.
Take Action Today
If you’re facing the consequences of an inaccurate criminal background check, it’s time to act fast. The sooner these errors are corrected, the sooner you can restore your reputation and move on with your life. Fair Credit Attorneys are experienced in consumer protection and ready to help you resolve these issues quickly and efficiently. Call now to get started and fix your criminal background check. We know how to navigate these cases and will fight for your rights and make sure mistakes in your background report don’t hold you back.
Let Fair Credit Attorneys help you take back control of your reputation and get the opportunities you deserve. Contact us now at (866) 381-6444.
