FAQ: Background Check Errors, Disputes, and Lawsuits
What is considered a background check error?
A background check error can include false criminal records, outdated charges, wrong personal information, or a mismatched identity.Can a background check show incorrect information?
Yes. Mistakes on a background check are common and may involve data from another person, old charges, or clerical errors.
How do I dispute a background check?
You can dispute a background check by contacting the reporting company, identifying the error, and submitting documentation to support your claim.
What are the most common mistakes on background checks?
Common mistakes include mixed files, expunged records still showing, incorrect job history, and identity mismatches.
How long does it take to fix a background check error?
Background check disputes typically take up to 30 days to resolve, as required by the FCRA.
Can I sue a background check company for false information?
Yes, if false information caused harm (like job loss), you may be able to sue the background check company under the Fair Credit Reporting Act (FCRA).
What happens if my background check has wrong information?
You can dispute the information, and if it's not corrected, you may be entitled to compensation through a background check lawsuit.
Is a background check dispute the same as a lawsuit?
No. A dispute is the first step to correct an error. If the company fails to fix it, you may file a lawsuit.
How do I fix a background check that cost me a job?
Dispute the error, document everything, and speak with an FCRA lawyer if the issue isn't resolved.
Can I get compensation for a false background check?
Yes. If the error caused financial or emotional harm, you may receive compensation for damages.
What kind of compensation can I get in a background check lawsuit?
You may be eligible for lost wages, emotional distress, statutory damages, and attorney’s fees.Who do I contact to dispute a background check?
Contact the background check company listed in your report (e.g., Checkr, HireRight, First Advantage).How do I know if there’s a mistake on my background check?
Request a copy of the report and carefully review each section for outdated, false, or unfamiliar information.Can a background check show sealed or expunged records?
It shouldn’t. If it does, that may be grounds for a background check dispute or lawsuit.What laws protect me from inaccurate background checks?
The Fair Credit Reporting Act (FCRA) gives you the right to dispute inaccurate information and sue if your rights are violated.
How do I know if there’s a mistake on my background check?
Request a copy of the report and carefully review each section for outdated, false, or unfamiliar information.
Can a background check show sealed or expunged records?
It shouldn’t. If it does, that may be grounds for a background check dispute or lawsuit.
What laws protect me from inaccurate background checks?
The Fair Credit Reporting Act (FCRA) gives you the right to dispute inaccurate information and sue if your rights are violated.
Should I hire a lawyer to fix a background check error?
It’s highly recommended, especially if the error resulted in harm or wasn’t fixed after a dispute.
Can I sue for emotional distress caused by a background check error?
Yes, emotional distress can be part of your damages in a background check lawsuit.
How often do background check companies make mistakes?
Mistakes are more common than you’d expect—especially with automated systems and large databases.
What if a background check mistake got me deactivated from Uber or DoorDash?
You may be able to file a Checkr dispute or sue if the information was false and hurt your ability to earn.
How do I write a background check dispute letter?
Clearly describe the error, attach supporting documents, and request correction under the FCRA.
Can I dispute a background check more than once?
Yes. If new evidence comes up or if the issue wasn't properly investigated, you can file another dispute.
What is a mixed file background check error?
That’s when someone else’s criminal record or data appears on your report due to similar names or SSNs.
Do background check companies have to notify me before adverse action?
Yes. Under FCRA, they must send you a pre-adverse action notice and give you time to respond.
How can I prevent background check mistakes in the future?
Regularly request and review your reports, especially before applying for jobs or contracts.
What should I do if a background check company ignores my dispute?
If they fail to respond or correct the error, you should speak with a lawyer and consider suing the background check company.
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Have you been a victim of an inaccurate background check or have other questions? Contact us!
