My Brother’s Criminal Charge Is on My Background Report — I’m Losing My Job!
What to do immediately (to save your job)
First, get a full copy of the report your employer saw. Don’t rely on a summary. You need the details: county, case number, dates, and how the charge is listed.
Next, collect proof of identity to separate you from your brother. Your driver’s license and Social Security card help, but what really matters is showing that the case identifiers don’t match you (different DOB, different middle name, different address at the time, different physical descriptors, etc.). If you can get court records for that case showing your brother’s identifiers, that’s even stronger.
Then, file a written dispute with the background check company and clearly state: “This criminal charge belongs to my brother, not me.” Attach your documents and ask them to remove it and issue a corrected report.
At the same time, tell your employer the report is wrong and actively being disputed. If possible, provide a short statement and the key proof so they pause any termination decision while the reinvestigation happens.
Watch for the adverse action notice
If your employer is about to take action based on the background check, they often must provide a pre-adverse action/adverse action notice that includes a copy of the report and your dispute rights. If they haven’t provided it yet, ask for it - politely but urgently.
Can you be compensated?
If this mistake costs you your job, causes suspension, or leads to lost income, you may have rights under the Fair Credit Reporting Act (FCRA). Mixed-file cases (someone else’s record on your report) are among the strongest types of FCRA claims, because the harm is obvious and the error is clear.
How we can help
If your brother’s criminal record is appearing on your background report and it’s threatening your job, we can help you dispute the error quickly, get a corrected report issued, and pursue compensation if the mistake caused financial harm.