HireRight Reports a Case That Was Dismissed
A dismissed case can legally appear on a HireRight background check for up to seven years in many states. However, it must be reported accurately, and it cannot be presented in a misleading way. If HireRight reports the dismissal incorrectly, for example, showing it as pending, open, or unresolved this can violate the Fair Credit Reporting Act (FCRA).
Why Does HireRight Report Dismissed Cases?
Dismissed charges may appear because:
Dismissed cases are still public record within the 7-year reporting window
Some states allow reporting of dismissed cases indefinitely
Court databases may lag in recording the dismissal
Third-party databases may still show the charge as open
HireRight may have pulled outdated data
A similar name or DOB may cause the wrong record to be used
The key issue is not that HireRight reports the dismissal — but HOW they report it.
When Reporting a Dismissed Case Becomes Illegal
Reporting the fact that the case existed is often allowed.
But under the FCRA, HireRight must ensure the information is:
accurate
up-to-date
not misleading
correctly labeled as dismissed
HireRight may violate the law if it:
Reports the dismissed case as pending
Reports it as a conviction
Fails to include the dismissal outcome
Uses outdated or incorrect court information
Presents the charge in a way that harms your job chances unfairly
Even if reporting is allowed, mislabeling is not.
What to Do If HireRight Reported Your Dismissed Case Incorrectly
1. Get a copy of your HireRight background check. You must confirm exactly how the case is being described.
2. Obtain court paperwork. Get the official dismissal order or final disposition.
3. Compare the report to the court records. Identify any inconsistencies or misleading statements.
4. File a dispute with HireRight. Explain the inaccuracy and attach documentation.
5. Notify the employer. Tell them the background check includes inaccurate or misleading information.
6. Contact an attorney if the error cost you a job. Misreported dismissals often lead to strong FCRA claims.
How We Can Help
If HireRight misreported a dismissed case by labeling it incorrectly or using outdated data, we can challenge the error and pursue compensation for any harm the mistake caused.