Fix Background Check Errors After Denial of Employment or Housing
Background checks are supposed to protect employers, landlords, and lenders by providing accurate information about applicants. But when these reports are wrong, they can destroy your chances at employment, housing, or financial opportunities. If you were denied a job or home because of a background check mistake, you're not alone — and you have legal rights.
Companies like Experian, Checkr, HireRight, First Advantage, and Sterling provide background check services to employers, landlords, and even lenders. These checks can include:
Credit history
Criminal records
Employment and education verification
Identity verification (SSN trace)
Eviction or rental history
For example, Experian Employer Services and Experian Verify compile consumer data from financial institutions, courts, public records, and employers. Unfortunately, with such a massive volume of data being processed, mistakes are inevitable.
What Is a Background Check and Who Performs It?
Companies like Experian, Checkr, HireRight, First Advantage, Sterling, TransUnion, LexisNexis, Inflection, RealPage, Asurint, RentGrow, and SambaSafety provide background check services to employers, landlords, and even lenders. These checks can include:
Credit history,
Criminal records,
Employment and education verification,
Identity verification (SSN trace),
Eviction or rental history.
For example, Experian Employer Services and Experian Verify compile consumer data from financial institutions, courts, public records, and employers. Unfortunately, with such a massive volume of data being processed, mistakes are inevitable.
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Common Background Check Mistakes That Can Ruin Your Life
1. Inaccurate Criminal Records
Old, dismissed, or expunged charges can appear in your report. Sometimes, someone else’s criminal record gets linked to your name due to data mix-ups or identity confusion.
2. Inaccurate Credit Information
A background check may wrongly report late payments, closed accounts as open, or old debts that have already been paid. These credit report errors are often what disqualify people from renting homes or qualifying for loans.
3. Mixed Files / Mistaken Identity
This happens when your background check contains information that belongs to someone else with a similar name, Social Security number, or address. You might see criminal charges, debts, or jobs that have nothing to do with you.
5. Failure to Verify Identity
When background check companies fail to properly match your personal information (due to typos or data mismatches), they may incorrectly flag your report or leave out key information.
Real Consequences of Background Check Errors
A single background check error can derail your life:
Job offers rescinded
Rental applications denied
Loans rejected
Damaged reputation
Emotional distress and anxiety
Worse, many people don’t even know a background check mistake occurred until they’re denied and receive an adverse action notice. These denials are not just unfair — they may also be illegal.
Your Legal Rights Under the FCRA
The Fair Credit Reporting Act (FCRA) is a federal law that protects consumers from inaccurate or unfair background checks. Under the FCRA:
You have the right to a copy of your background check report.
You have the right to dispute any inaccurate information.
The background check company must investigate and respond within 30 days.
If they fail to correct the error, you may have the right to sue for damages.
If you lost a job or housing opportunity due to an inaccurate background check, you may be entitled to compensation for financial loss, emotional harm, and reputational damage.
Companies Often Involved in Background Check Mistakes
Some of the most common background check companies that report errors include:
Experian Employer Services
Checkr
First Advantage
HireRight
Sterling Talent Solutions
These companies handle millions of reports a year, and even a small mistake in their system can lead to life-altering consequences.
Why You Should Speak to Background Check Error Lawyers First
Many people make the mistake of trying to dispute errors directly with background check companies. But these systems are often automated and ineffective. Worse, the agency may require you to accept an arbitration agreement, which limits your right to sue.
That’s why it’s critical to speak to a background check error attorney before taking any action.
An experienced FCRA attorney can:
Review your background report for violations.
Advise whether you should dispute or sue immediately.
File a legal claim against the background check company.
Maximize your potential compensation.
Fixing a Background Check Error: Step-by-Step Guide
If you’ve been affected by an inaccurate background check, here’s what to do:
1. Request a Copy of Your Report
The employer or landlord is required to provide a copy of your background check if they used it to deny you. Ask for this immediately.
2. Document the Error
Review your report and highlight anything incorrect. Compare it with official records (like court documents or bank statements) to prove the mistake.
3. Contact a Background Check Error Lawyer
Before filing a dispute, speak with an FCRA attorney to determine the best course of action. In some cases, you can sue without disputing.
4. File a Dispute (If Recommended)
With your attorney’s help, submit a well-documented dispute to the background check company. Include proof and request correction.
5. Take Legal Action
If the company ignores your dispute or refuses to fix the error, your attorney can file a lawsuit for FCRA violations.
You may recover:
Actual damages (lost wages, housing costs)
Emotional distress compensation
Statutory damages (up to $1,000 per violation)
Punitive damages (in cases of willful misconduct)
Attorney fees
You Deserve Justice and Fair Treatment
Being denied an opportunity because of a background check mistake is more than frustrating — it’s unjust.
These companies have a legal obligation to ensure the accuracy of the information they report. When they fail, they can be held accountable.
By working with background check error lawyers who specialize in FCRA cases, you can not only fix your record but also receive the compensation you deserve.
If a background check error has cost you a job, home, or loan, don’t accept it quietly. Fixing the mistake is only the first step — holding the responsible parties accountable is how you protect your future and help others avoid the same fate.
Talk to a qualified attorney today to review your case and take back control of your reputation, your rights, and your future.
You Should Know That
Dismissed or dropped criminal cases can only be reported for up to 7 years on commercial background checks. Expunged cases should not appear on your background check at all. Reporting these records is a violation of your consumer rights.
Reporting records or cases that do not belong to you on your employment or housing background check is a violation of your consumer rights under the FCRA. Agencies should not sell inaccurate information about you!
Even if the record on your report belongs to you, it must be reported with maximum accuracy. Reporting incorrect dispositions, dates, or charge degrees is a violation of your consumer rights.
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We value our clients and are committed to helping them resolve errors on their background checks so they can get back to their normal lives.
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