What to Do If You Discover an Error on Your Background Check

What to Do If You Discover an Error on Your Background Check

What to Do If You Discover an Error on Your Background Check

Background checks are often the gateway to jobs, housing, credit, professional licenses, and even school admissions. But what happens if you lose an opportunity—or get denied access—because of incorrect or outdated information in your background report?

Errors in background checks are more common than most people think. These reports can contain outdated criminal records, mismatched identities, inaccurate credit history, or employment records that don’t reflect reality. If you’ve been denied a job, rental, or loan because of a background check error, you have legal rights and options.

Here’s how to handle it step-by-step.


1. Understand What a Background Check Includes

The term “background check” can refer to several types of reports, depending on the context:

  • Employment background checks may include criminal history, credit reports, driving records, and work history
  • Tenant screening reports may include evictions, civil judgments, and credit checks
  • Credit checks for loans or utilities focus on your financial history
  • Professional checks may verify education, licenses, or certifications

These reports are usually compiled by third-party consumer reporting agencies (CRAs) and are regulated by the Fair Credit Reporting Act (FCRA).


2. Request a Copy of the Report

Under federal law, you are entitled to see the report that caused your denial. If an employer, landlord, or lender used a background check to make a negative decision, they must give you:

  • A copy of the background report
  • A “notice of rights” under the FCRA
  • The name and contact information of the reporting agency

If they fail to do this, they may already be violating your rights.

Once you get the report, read it line by line and highlight anything that looks suspicious, unfamiliar, or incorrect.


3. Common Errors to Look For

Errors in background checks can happen for several reasons, including data entry mistakes, identity mix-ups, or failure to update records. Common problems include:

  • Incorrect criminal records (e.g., a dismissed charge shown as a conviction)
  • Outdated or expunged records still being reported
  • Wrong identity due to a similar name or Social Security number
  • Mistaken employment history (wrong employer, incorrect dates, etc.)
  • Inaccurate credit or debt information

Even minor inaccuracies can be damaging—such as an employer seeing a termination that never happened, or a landlord thinking you were evicted when you weren’t.


4. Gather Proof of the Error

To correct the issue, you’ll need to provide documentation that disproves the error. Depending on the issue, this may include:

  • Court records showing that charges were dropped or expunged
  • Identification to prove mistaken identity
  • Letters from employers verifying job history
  • Credit reports from other agencies that do not include the disputed item

Make copies of all documents and keep them organized—you’ll need to submit them to the background check company during your dispute.


5. File a Dispute with the Background Check Company

Under the FCRA, you have the right to dispute any inaccurate information in your background check. Here’s how to do it:

  • Contact the background screening company listed on your report
  • Submit a written dispute detailing each error
  • Attach your supporting documents
  • Request that they reinvestigate the claim

The company has 30 days to complete the reinvestigation (with some exceptions) and must correct or remove any false or unverifiable information.

They are also required to send you the updated report and inform any party that previously received the report of the correction—at your request.


6. File a Dispute with the Source of the Information

In some cases, the screening company gets information from public databases, courts, or other businesses. If a specific entity (such as a county court or former employer) provided the inaccurate data, you can contact them directly to correct their records.

Ask for:

  • An updated record or statement in writing
  • Confirmation that the correction has been made in their system
  • A timeline for when it will reflect in third-party databases

Keep a record of all communication in case the error resurfaces later.


7. Report FCRA Violations

If the screening company fails to correct false information, doesn’t complete a proper reinvestigation, or doesn’t respond in a timely manner, you can file a complaint with:

These agencies can investigate the screening company and may take enforcement actions if they find repeated FCRA violations.


8. Seek Legal Help If the Error Caused Harm

If an inaccurate background report cost you a job, apartment, or loan—or damaged your reputation—you may be able to pursue legal action. Under the FCRA, you have the right to:

  • Sue for actual damages, such as lost wages or out-of-pocket costs
  • Recover statutory damages, even if you can’t prove financial loss
  • Seek punitive damages for willful misconduct
  • Request that the court order the correction of the report

Most FCRA claims must be filed within two years of discovering the error (or five years from the date of the violation, whichever is earlier). A consumer protection attorney can help you evaluate whether your rights were violated and what kind of compensation may be available.


9. Monitor Your Reports Going Forward

Background screening errors don’t always go away on the first try. To avoid future problems:

  • Request a free copy of your credit reports annually at AnnualCreditReport.com
  • Monitor your identity and criminal records through reputable services
  • Keep a personal file of employment history, housing references, and legal documents

Being proactive gives you a head start if a similar issue pops up again.


10. Know Your Rights Under the FCRA

The Fair Credit Reporting Act gives you strong protections:

  • You must be notified if a background check leads to a negative decision
  • You have the right to see the report and dispute errors
  • The agency must investigate disputes in a timely manner
  • They must correct or delete inaccurate or unverifiable info
  • You can seek damages if your rights are violated

Understanding these rights empowers you to act quickly and decisively if something goes wrong.


Don’t Be Afraid To Get Help
If you’re facing legal questions, safety concerns, or emotional turmoil due to any of the situations described above—especially domestic abuse—don’t try to handle it alone. Professional guidance can make all the difference in ensuring your rights are protected and your next steps are clear. Whether you need legal advice, help with documentation, or assistance navigating local resources, speaking to an expert can bring peace of mind. Click here to get connected with professional support tailored to your situation.

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