We get it, a background check or credit report error can feel overwhelming. Maybe you lost a job, missed out on housing, or just felt blindsided by something that wasn’t even your fault. These kinds of errors happen more often than they should, and the impact can be huge.
That’s why we’re here. At Fair Credit Attorneys, we help people fix background check and credit report errors every day. Whether it’s a simple dispute or a case that calls for legal action, we’ll stand by your side and handle the tough parts for you.
You have rights, and we’re here to make sure they’re respected. Let’s talk about how we can help you move forward.
Contact Fair Credit Attorneys at (866) 381-6444 for a free consultation if a background check error has affected your job, reputation, or peace of mind.
Understanding Background Check Errors
Background checks are used for jobs, housing, and licenses, but they’re not always accurate. Errors like outdated info, mixed-up identities, or wrongful criminal records can cost you opportunities. Thanks to fast digital screenings, mistakes now spread quickly, and even sealed or expunged records sometimes show up.
The Fair Credit Reporting Act (FCRA) gives you the right to dispute these errors. With the help of legal professionals, you can correct your record and even seek compensation if those mistakes caused harm.
Common Causes of Background Check Errors
Background checks are supposed to provide accurate information about a person’s history, but that doesn’t always happen. Many people are surprised to learn just how often mistakes appear in these reports. Here are some of the most common causes and how they can impact your life:
- Outdated or Incorrect Information: Sometimes, records that should no longer be reported, such as resolved cases or outdated charges, still appear on your background check. This can happen when databases aren’t updated properly, leaving old or misleading information tied to your name.
- Bulk Data Purchases by Background Check Companies: Many background check companies buy large sets of public records in bulk. These records are often incomplete or out of date. Worse, they may be pulled from unreliable sources, and the companies don’t always verify the accuracy before adding the data to your report.
- Mismatched or Missing Identifiers: If a report doesn’t include full identifying details like your full name, Social Security number, or date of birth, it can easily be mixed up with someone else’s record, especially if you have a common name. This kind of identity mix-up can result in someone else’s criminal record showing up on your report.
- Misclassification of Offenses: A misdemeanor offense might be incorrectly reported as a felony, or an arrest might be listed as a conviction. These errors can seriously affect your job prospects, as employers often make decisions based on the severity of offenses reported.
- Sealed or Expunged Records Still Appearing: Even when a court has sealed or expunged a record, meaning it should no longer be visible to employers or landlords, it may still show up in a background check. This usually happens because of poor data handling or outdated systems that continue to report old information.
- Clerical or Human Errors: Simple typos or filing mistakes by court clerks, law enforcement, or data processors can also lead to incorrect entries on your record. These small errors can have big consequences when they appear in a background check.
- Lack of Verification by Employers or Landlords: In some cases, employers or landlords don’t bother to confirm the accuracy of the information they receive. They rely on flawed reports, which can result in unfair decisions like denying a job or rental application based on false data.
Why Accuracy Matters
Mistakes happen for many reasons: human error, system glitches, or poor oversight. Sometimes, employers don’t double-check the info they get, leading to unfair decisions.
Background check companies and employers should do better, but you also have rights. Knowing them and taking action can help you fix errors and protect your future.
The Impact of Background Check Errors
Background checks are meant to help employers, landlords, and lenders make informed decisions. But when the background check process includes mistakes, it can have serious consequences.
Even small errors in a criminal background check, like outdated information or a typo, can lead to job loss, denied housing, or rejected loans. In some cases, people are wrongly listed with criminal convictions they never had.
That’s why it’s so important to take action. A trusted law firm with experienced background check lawyers can help you challenge these errors, clear your record, and protect your future.
Job Opportunities at Risk
Employment is where these mistakes hit hardest. Before running an employment background check, employers must:
- Get your written permission
- Share the report if they plan to take negative action
- Give you a chance to respond
If they skip these steps or act on incorrect information, you may be entitled to $100 to $1,000 per violation. Legal action has helped victims recover more than $40 million for lost job opportunities and other FCRA violations.
Related: How to Correct Errors on Your Criminal Background Check
Legal Framework for Addressing Errors
Fixing mistakes in background checks starts with knowing your rights. FCRA was created to protect people from inaccurate information that can affect jobs, housing, or credit.
Legal professionals who focus on background check issues can help hold companies accountable for errors, whether caused by outdated systems, human error, or misinformation.
If your report has mistakes, legal action may be the best way to get them corrected promptly and ensure your rights are protected.
Your Legal Rights Under FCRA
Under the FCRA, you have clear protections:
- Employers must get your written consent before accessing a background check.
- If the report is used against you, they’re obligated to issue an adverse action notice with a copy of the report and your rights.
- You can dispute any errors, and agencies are required to investigate and respond within 30 days.
- The law also imposes limitations on how long certain information, like arrests, can appear in reports.
These rules are designed to make sure your records are a fair reflection of their current situation, not outdated or inaccurate.
Steps to Take When You Find an Error
A single error on your background or credit report can cost you a job, housing, or even your peace of mind. Whether it’s a criminal charge that should’ve been sealed, a case of mistaken identity, or outdated info, these mistakes can have serious consequences.
Here’s how to take action and protect your future.
Step 1: Review the Report and Identify the Error
First, request a copy of your background check from the company that produced it. You’re entitled to one free copy per year from each consumer reporting agency, and additional copies if you’ve been denied employment, housing, or credit due to a report.
Carefully examine the document for errors such as:
- Outdated or inaccurate criminal history
- Sealed or expunged records that should not appear
- Mismatched personal information (wrong name, Social Security number, or date of birth)
- Incorrect financial, job, or rental history
Even small errors can lead to serious setbacks, so take your time reviewing it thoroughly.
Step 2: Gather Evidence to Support Your Claim
Once you’ve identified the mistake, collect documentation that proves it. Helpful evidence includes:
- Court records showing charges were dropped or expunged
- Employment verification letters, pay stubs, or tax documents
- Copies of your ID to show errors in personal details
- Bank or credit records to correct financial inaccuracies
This documentation will help you build a strong case when you file your dispute. If you’re unsure what counts as solid evidence, a background check attorney can guide you and ensure your dispute is backed by the strongest possible support.
Step 3: File a Formal Dispute
With your evidence in hand, submit a written dispute to the background check company. Clearly explain what the error is, include all supporting documents, and request a correction.
Under the FCRA, the company must:
- Investigate your dispute within 30 days
- Verify the accuracy of the information
- Remove or correct the error if it’s proven false
- Send you an updated copy of your report
You may also need to follow up with the source of the error, such as a courthouse, police department, or former employer, to ensure your records are accurate across the board.
Step 4: Seek Legal Help and Compensation
If the background check mistake caused harm, like a lost job, denied housing, or emotional distress, you may be entitled to compensation. The FCRA allows individuals to recover:
- Actual damages for financial harm
- Statutory damages of $100 to $1,000 per violation
- Punitive damages in cases of willful noncompliance
- Coverage of attorney’s fees and court costs
A background check lawyer can help you file a legal claim and fight for the compensation you deserve. They’ll document the impact the error had on your life and make sure those responsible are held accountable.
How a Background Check Lawyer Can Help You
Background checks are part of everyday life, whether you’re applying for a job, renting a home, or getting a license. But when those reports contain errors, the impact can be serious: lost opportunities, denied loans, or damage to your reputation.
A background check lawyer can help you fight back. They’ll protect your rights, guide you through the dispute process, and work to fix the errors so you can move forward with confidence.
What Exactly Does a Background Check Lawyer Do?
These attorneys are specialists in consumer protection law, particularly the Fair Credit Reporting Act (FCRA), a federal law that governs how background checks must be handled. When your report is inaccurate, outdated, or incomplete, a lawyer can help correct it and pursue justice if the error caused you harm.
Here’s how a background check lawyer can assist:
- Reviewing your background report: They’ll help you request a copy and carefully analyze it for errors, including those involving identity confusion, criminal charges, or employment history.
- Handling the dispute process: Lawyers know how to write clear, legally strong dispute letters that get the attention of background check companies and credit bureaus.
- Communicating on your behalf: They’ll handle contact with reporting agencies, employers, landlords, or any third parties involved in the mistake, saving you time and stress.
- Building your case: If the error caused real damage (like a job loss or emotional harm), your attorney will help gather evidence and document the effects of the mistake.
- Pursuing compensation: If your dispute isn’t resolved or the harm is serious, your lawyer can take legal action, potentially securing financial compensation for lost income, stress, and other damages.
If needed, your attorney can also escalate the issue to court and represent you throughout the legal process.
Why Hiring a Lawyer Can Make All the Difference
Correcting a background check isn’t always as simple as pointing out an error. The background screening process involves strict rules, deadlines, and the need for solid evidence.
Whether the issue is with a credit check or inaccurate criminal record checks, companies may not cooperate unless they’re legally required to. That’s where a background check lawyer comes in; they know how to handle every part of the process.
By working with an experienced lawyer, you:
- Increase your chances of resolving the issue quickly
- Reduce stress and confusion during the dispute process
- Gain a better shot at recovering compensation if the mistake caused harm
- Ensure your rights under federal and state law are fully enforced
Fight Background Errors
At Fair Credit Attorneys, we know how frustrating it is when a background check or credit report has false information. It’s not just a small mistake; it can affect your job, housing, and reputation.
That’s why we offer full support from start to finish. We help you through the dispute process, handle all the back-and-forth with background screening companies and credit bureaus, and write clear, effective dispute letters. And if those errors have already caused you harm, like lost income or stress, we’re ready to pursue legal action and fight for the compensation you deserve.
You deserve a clean record and a fair shot at your future. Contact Fair Credit Attorneys today for a free consultation, and let’s work together to set the record straight.