My background check shows a record that belongs to my twin brother, and I was denied a position how can I get it removed?
When you and your twin share the same last name, similar birthdates, and sometimes even the same appearance, background check systems can get confused. Unfortunately, background check companies often rely on incomplete matching systems, and when they mix up identical or nearly identical identifiers, your twin’s record can end up on your report. If this mistake caused you to lose a job, it’s not just frustrating; it may be a serious legal violation under the Fair Credit Reporting Act (FCRA).
Why Twins Experience Background Check Mix-Ups More Than Others
Twins, especially identical twins, trigger more database errors because screening companies match records using partial identifiers, such as last name, date of birth, county of residence, a lot of common past addresses or even similar or identical first names (common with twins).
Even small discrepancies, like a missing middle name or a mistaken digit in a date of birth, can cause your brother’s history to blend with yours. Many background check companies rely on automated systems that cannot reliably distinguish between two individuals who share so many details.
Is This Legal?
No. Even though the mix-up happens because of database limitations, it is still considered inaccurate reporting, and the FCRA requires background check companies to ensure that: the information belongs to the correct person, the report is accurate and complete, and the data is not misleading.
Reporting your twin brother’s criminal record as your own is a textbook example of a mixed file, one of the most serious types of background check violations. If this error cost you a job or caused other harm, you may be entitled to compensation.
How to Get Your Twin’s Record Removed From Your Background Checks
You can fix the problem and prevent it from happening again by taking the following steps:
Get a copy of the background check that denied you. This is your right after a job denial. Look for details like case numbers, counties, and dates that clearly aren’t yours.
Collect documents that confirm your identity. Gather items such as your driver’s license, Social Security card, and any documentation showing your twin’s identity separately. This helps show the distinction between you and your brother.
File a written dispute with the background check company. Explain clearly that: you are a twin, the charges belong to your sibling, and the report contains inaccurate information. Attach your documents. The company must reinvestigate and correct the report.
Notify the employer. Tell them: “The background check contains information belonging to my twin brother. I am disputing it and will provide documentation.” Some employers may pause the decision while the dispute is processed.
Speak with an FCRA attorney. Twin mix-ups often lead to strong cases because the mistake is easy to prove and the consequences (like job denial) are significant. You typically pay nothing up front — background check companies must cover legal fees if they break the law.
Can You Stop This From Happening Again?
Yes. Once a background check company creates a corrected version of your file, they must:
Update their databases,
Remove the inaccurate information, and
Prevent the same mistake from recurring.
If the error reappears repeatedly, the case becomes even stronger legally.
How We Can Help
If your twin brother’s criminal record ended up on your background check and caused you to lose a job, we can help clear the information and pursue compensation for the damage done, at no upfront cost to you.