A background check is nearly always part of the employment process. Employers use employment background checks to screen job applicants, evaluating everything from criminal records and employment history to education verification and professional license credentials. While these reports are meant to provide accurate and fair information, background check errors have led to countless cases of denied employment, loss of income, and emotional distress.
If you’ve been turned down for a job due to inaccurate or incomplete information on a background report, it’s critical to understand your rights under the Fair Credit Reporting Act. Also referred to as the credit reporting act FCRA, this federal law was created to ensure that consumer reporting agencies and background check companies use and share accurate data.
The Role of Background Check Companies and Common Errors
Today’s background screening companies compile large volumes of sensitive information from various sources — some of which are prone to error. Major background check companies often pull data from poorly maintained public records, outdated databases, or incorrect court records. As a result, many people discover that their background check report contains:
- Incorrect criminal records
- Mixed files from someone with a similar name
- Outdated information about arrests or reported felony drug conviction
- False employment details or employment verification errors
- Mistaken education verification outcomes
- Incorrect information due to sealed data entry errors
These common background check mistakes can have serious consequences, especially when they lead to adverse action, such as a job offer being rescinded or delayed.
FCRA Basics: Your Rights Under Federal Law
The Fair Credit Reporting Act (FCRA) sets standards for how background check companies collect and share information. Under the FCRA:
- Employers must inform you before ordering a background check
- You must give written consent
- If the employer decides to take adverse action based on the report, they must provide you with a copy of the background check report and a written dispute opportunity
Importantly, the FCRA prohibits reporting arrests that did not result in conviction beyond a certain period. It also mandates that data must be up to date, especially when the information is used to evaluate employment history or criminal background checks.
False or Damaging Information: When to Take Legal Action
If you discover false criminal records, incorrect criminal histories, or any other false or outdated information on your report, you have the right to dispute errors. You can submit a dispute letter along with supporting documents to challenge incorrect details or incorrect background check results.
When reporting agencies fail to correct errors, or knowingly include inaccurate information, you may be able to sue background check companies for damages. These can include:
- Lost wages from a job you never started
- Emotional distress
- Reputational harm from false or damaging information
- Legal action for violations
- Additional compensation for willful or repeated violations
Background Check Errors: Fighting Wrongful Job Denials Under FCRA
Background checks are often flawed due to:
- Merged files outdated records: You may be confused with another individual due to identity theft or name similarities.
- Incorrect or outdated information: Arrests, convictions, or jobs you never held may appear on your report.
- Criminal history errors: Non-convictions or expunged records might be wrongly included.
- Employment verification failures: Inaccurate dates or wrong employers may show up.
- Other personal details: Mismatched addresses, aliases, or personal details that don’t belong to you.
When consumer reporting agencies don’t ensure accuracy, it’s not just a mistake — it’s a violation of federal rights.
Why These Errors Occur
Instead of wondering if an employer can run a background check without consent, start learning the errors. With the rise of automation and AI in hiring, background screening companies rely on fast searches across massive databases. This often results in:
- Misinterpreted court records
- Check errors due to system bugs
- Mislabeling criminal history
- Failure to remove sealed data entry errors
- No verification of education or employment details
Additionally, credit repair company practices can sometimes cause confusion in consumer profiles, further muddying data and leading to incorrect conclusions by employers.
How to Fix Background Check Errors
Here’s what you can do if you suspect mistakes:
- Request a copy of your background check report
- Review all sections, including employment history, criminal records, and education verification
- File a written dispute with the background check companies
- Include supporting documents to challenge any incorrect details
- Monitor the process to ensure they correct errors within the legally required time
If your dispute isn’t resolved quickly, or if you continue to see errors, you should hire FCRA attorneys.
Legal Help: How FCRA Attorneys Fix the Problem
Consumers trust FCRA attorneys because they understand how to hold background check companies and consumer reporting agencies accountable. Whether your report includes false criminal records, incorrect criminal histories, or other incorrect information, an experienced attorney can help you:
- File a strong dispute letter
- Collect supporting documents and court records
- Investigate your case under the FCRA and recovered damages clause
- Pursue claims for repeated violations attorney’s fees
- Help you get a compensation free case evaluation
They also know how to take legal action against willful or repeated violations that occur when agencies refuse to fix mistakes or report outdated data.
When to Take Action: Signs of a Problem
You should consult a lawyer if:
- You were denied employment without explanation
- Your background report includes false or damaging information
- You find merged files outdated records on your background
- Your dispute errors are ignored
- You experience multiple rejections based on background check mistakes
You have the right to choose FCRA attorneys to help you assert your rights, fix your background, and recover damages.
FCRA Violations and Legal Remedies
The FCRA outlines specific remedies for violations:
- Correct errors promptly when a dispute letter is filed
- Remove incorrect or outdated information
- Provide accurate data from up to date sources
- Compensate victims for lost wages and emotional distress
- Reimburse legal fees and provide injunctive relief for serious consequences
Many people don’t realize that they can be compensated for damages caused by employment background checks gone wrong. A skilled attorney will ensure that you’re not left to fight alone
Protecting Your Future
Inaccurate background check reports can block access to jobs, licenses, or even housing. If your report has cost you a job, ruined your reputation, or caused undue stress, you don’t need to suffer silently. You are legally entitled to accurate, verified information.
Whether it’s criminal background checks, employment verification, or education verification, employers and reporting agencies must do their due diligence. You should not suffer because of false or outdated information.
Final Thoughts
Background check errors can devastate careers, especially when they result in denied employment for reasons that are false or misleading. Under the Fair Credit Reporting Act, you have the right to challenge these errors and seek justice.
If you’ve been harmed by incorrect criminal records, employment verification errors, or merged files, you are not alone. Many consumers across the country are discovering they’ve been misrepresented by the very systems meant to protect them.Contact the FCRA Attorneys at Bourassa Law Group
If you’ve faced job denials, lost wages, or emotional suffering due to incorrect details on your background check, the FCRA attorneys at Bourassa Law Group can help. We have extensive experience dealing with major background check companies, filing written disputes, and recovering damages for our clients.
We understand the power of legal action, and we’re ready to help you reclaim your career and reputation. Don’t let background check mistakes define your future.
Schedule a free case evaluation today and let us fight for the justice you deserve.
1-800-870-8910