Background Check Errors

The main federal law is the Fair Credit Reporting Act (FCRA), which sets rules for how background checks are conducted, including how consumer reports (such as criminal, credit, and employment history) are handled. 

Provide you with a clear disclosure that explains they are conducting a background check for employment purposes. If they decide not to hire you based on the background check, they must give you a copy of the report and inform you of your rights to dispute any incorrect information. Within 30 days of your dispute… [Read More]

If you discover an error in your background check, you have the right to dispute the accuracy of the report with the consumer reporting agency that provided it. The agency is required to investigate the dispute and correct any inaccuracies within 30 days. If an error in the background check led to a denial of… [Read More]

Wrong Social Security Number (numbers mixed up or wrong digits). Incorrect or incomplete information from original documents. Outdated criminal records that should have been cleared. Mistaken identity, where someone else’s criminal record appears. Crimes committed by others using your identity. Data mix-up, where information from another person shows up in your report.

Contact us for a free consultation. We help people who have errors on their background report. We have more than two decades of experience helping and representing consumers in need of help. We file lawsuits on a contingency fee basis so you don’t pay our fees and costs unless you win at trial or receive… [Read More]

A pre-adverse action notice is a written notice that an employer must give you before taking any negative employment action—such as revoking a job offer or firing you—based on information found in your background check. Under the Fair Credit Reporting Act (FCRA), this notice must include a copy of your background report and a summary… [Read More]

Once you receive a copy of your background report through a pre-adverse action notice, you typically have a reasonable amount of time (often 5 business days or more) to dispute any incorrect or outdated information. The background check company must then investigate and correct any errors, usually within 30 days. ⏱️ Time is critical—act quickly.👉… [Read More]

If an employer fails to follow FCRA rules, such as neglecting to provide a pre-adverse action notice or using inaccurate information, you may be entitled to statutory damages, actual damages, punitive damages, and even attorney’s fees. 💼 In Wynn v. UPS, the plaintiff claimed that UPS’s actions caused him to lose employment opportunities and suffer… [Read More]

In many cases, no—especially if the arrest did not lead to a conviction or is outdated. The FCRA, along with some state laws, restricts how long non-conviction arrests can appear on a background check (typically 7 years). Employers must also consider the relevance and age of the record before making a hiring decision. 🛑 If… [Read More]

While you can start a dispute on your own, having an experienced FCRA attorney significantly improves your chances of a successful outcome—especially if your dispute leads to job loss or emotional and financial harm. A lawyer can ensure your rights are enforced and help you pursue a legal claim for damages. 📞 Legal errors during… [Read More]