Most employers use background checks and other pre-employment screenings during the hiring process. Once you have a job offer, you generally have to wait for the background check results before you can start. Most people do not anticipate that their background check will have errors. Sadly, mistakes on background checks are common and can keep you from getting a job.
If your background check has errors, you have the right to dispute those errors with the background check company or the employment reporting agency that provided them. If they do not correct the errors after your dispute or you have been harmed by their inaccurate reporting such as job loss and stress you may have a case and sue the background check company for violating your rights under the Fair Credit Reporting Act (FCRA).
3 Most Common Background Check Errors
- Incorrect Criminal Record on a background check
- Outdated Information that should no longer be reported on a background check
- Mistaken Identity, the criminal record of someone else is on your background check
Mistakes on background checks can cause you to be denied credit, housing, or employment.
Incorrect Criminal History on Background Checks
Mixed files are one of the most common causes of incorrect criminal history on a background check. All it takes is having a name similar to another individual and a background check company not doing its due diligence to verify that the information is correct. Often, a mixed file results from a family member’s criminal history on your background check.
Another reason we often see false criminal history on a background check is outdated information compiled from outdated databases. When background check companies compile reports using outdated information, a record that was expunged or sealed can still show up on a background check.
Denied Employment Due to Incorrect Background Check
Inaccurate criminal history on your background check can also be the most damaging. For example, if your background check wrongfully says you are on the sex offender registry, this can not only affect your ability to get a job but also ruin your reputation. Unfortunately, a false criminal history can show up on your background check, and as a result, you may be denied a job, delayed a job, or fired because of these background check errors.
- You must be notified if a background check or employment report has been used against you.
- You are entitled to a copy of your background check
- You have the right to dispute any errors on your background check
- Mistakes on your background check must be corrected or removed within 30 days of your dispute.
- Employers or potential employers must have written consent from you to run a background check
- You may sue background check companies and consumer reporting agencies that violate the FCRA
If your background check is inaccurate and it has cost you a job, you may be entitled to damages. We can help.
Most background check companies have an area on their websites where you can fill out a form and submit any documents that you may have to prove that they are wrong about their report. You may also file a dispute by mail, or over the phone.
TIP: When you dispute background check mistakes through the mail, be sure that any documents you send are copies. Do not send your originals.
Disputing a background check can take up to 30 days. According to the laws under the FCRA (Fair Credit Reporting Act) Background check companies and employment reporting agencies have 30 days to correct any mistakes on your background check once you have submitted a dispute.
Under the Fair Credit Reporting Act (FCRA), you have the right to sue the background check company for reporting false information that has caused you harm, such as being denied a job or fired.
Find out if you have a case due to mistakes on your background check now. Get a free case evaluation—no obligation, and no out-of-pocket costs. If you have a case, we only get paid when you win.
Have you lost/been delayed a job or been denied/delayed housing due to errors on your background check or employment report?
Francis Mailman Soumilas, P.C. has your back! For over 20 years we have successfully handled hundreds of cases involving consumers, like you, that have lost or been delayed jobs, housing, or credit as a result of an inaccurate background check or employment report.
Fill out the online form for a free case review, or call us right now at 1-877-735-8600. There are no out of pocket costs to you, call us and let us get to work for you, so you can take your life back.
