My Background Check Shows Criminal Charges That I Have Nothing To Do With
Finding criminal charges on your background check that don’t belong to you is frightening — and more common than most people realize. This usually happens when a background check company confuses your identity with someone else’s. These mix-ups can cost people jobs, housing, and opportunities, and they are one of the most serious types of errors under the Fair Credit Reporting Act (FCRA).
Why Am I Being Blamed for Someone Else’s Criminal Charges?
There are several ways your background check can pull in another person’s record, even when the mistake seems impossible. The most common causes include:
A person with your same first and last name
A similar date of birth
Shared past address or ZIP code
Partial Social Security matching
Old or sloppy database linking
A father/son naming pattern (Jr., Sr., II, III)
Merged profiles in third-party data brokers
Background check companies often use automated matching systems, and when the identifiers overlap even slightly, the system “thinks” the record belongs to you.
Is This Legal?
No, not if the charges don’t belong to you.
Under the FCRA, background check companies must ensure:
the right person is being matched,
the information is accurate and complete, and
the report is not misleading.
Putting someone else’s criminal history on your background check is considered a mixed-file error, which is one of the clearest violations of the law. These cases are taken seriously because the harm is immediate and often severe.
What You Should Do When Someone Else’s Charges Appear on Your Background Check
You don’t need to follow a complicated legal process — just focus on the essentials:
1. Get a copy of the background check. You have the right to receive it for free after an adverse action (like a job denial).
2. Identify which records aren’t yours. Note the charges, counties, case numbers, or dates that do not match your history.
3. Gather your identification documents. This includes your:
driver’s license
Social Security card
birth certificate
proof showing the charges belong to someone else
4. Tell the background check company, in writing. Explain that the report contains someone else’s criminal history. Attach your documentation.
5. Inform the employer or housing provider. Let them know the report is inaccurate and under dispute, so they don’t finalize a denial.
6. Contact an FCRA attorney. Mixed-file cases are often strong claims because the mistake is clear and the damage is usually significant. You typically pay nothing up front, because the FCRA makes the background check company pay your attorney’s fees if they broke the law.
How We Can Help
If your background check included criminal charges that belong to someone else, we can fix the error, force the company to update your report, and pursue compensation for any harm it caused, all at no upfront cost.