If you’re debating whether you need a criminal lawyer or a background check lawyer, ask yourself this: are you fighting charges in court, or are you fighting errors on paper?
From reporting duplicate entries and inaccurate dispositions to totally false charges and expunged records, errors in a criminal background check tend to have a fast and furious impact on your chances of getting just about anything- jobs, housing, loans, security clearances, benefits, and more.
Now the big question: who do you call to help sort this mess out? A criminal lawyer or a background check lawyer? They both sound official, but they serve very different purposes.
If you’re facing jail time due to criminal accusations, and stand to lose out on your freedom, you need a criminal lawyer, well-versed in criminal and constitutional law.
If you’re facing rejections and denials due to your criminal history report, and stand to lose out on jobs, loans, rentals, insurance, clearances, and more, you need a background check lawyer, well-versed in criminal data errors and the Fair Credit Reporting Act.
Criminal lawyers frequently refer their clients to background check lawyers for help clearing up reporting errors! *Teamwork
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What Does a Criminal Lawyer Help With?
A criminal lawyer’s job is to defend people accused of crimes. Think theft, fraud, DUIs, assault – you name it. If the state has decided you need a courtroom, a jury, and maybe an orange jumpsuit, that’s where a criminal lawyer comes in.
Criminal lawyers are the ones standing beside you in court saying “my client pleads not guilty,” while trying to poke holes in the prosecution’s case.
Criminal lawyers handle:
- Building your defense by gathering and assessing evidence
- Negotiating plea deals to lessen or avoid jail time
- Representing you at trial
- Advising on sentencing options
- Ensuring your constitutional rights aren’t violated
A criminal lawyer is essential if you’ve been accused of committing a crime and you’re facing a legal battle to determine guilt or innocence, consequences, or more, through the criminal court system.
But if your problem is that a background check report says you committed a crime when you actually didn’t, a criminal lawyer can’t help you. Why? Because there is no criminal case.
You’re not accused in a courtroom – you’re just stuck with a sloppy, inaccurate background check report that’s falsely pinning criminal activity on you and killing your opportunities.
Here’s a twist: They may falsely identity you as a criminal, but reporting wrong information in your background check report is an unlawful act!
What Does a Background Check Lawyer Help With?
A background check lawyer lives in a very different world. Background check lawyers untangle the nightmare of inaccurate background check reports, which frequently include mistakes involving your criminal history.
Here’s where a background check lawyer shines:
- Fixing errors on employment background checks so you don’t lose out on jobs, housing, loans, benefits, insurance, clearances, and more
- Challenging inaccurate background reports from massive background check companies like Checkr, First Advantage, and Sterling
- Handling insurance background checks that unfairly show a disqualifying history
- Correcting criminal background check errors that suggest you committed a crime when you didn’t, you were charged when you weren’t, you were arrested multiple times when you weren’t, or reporting expunged or sealed data that should never have been included
- Filing lawsuits when background check companies violate the FCRA by ignoring disputes, refusing to fix their mistakes, or reporting the same mistakes repeatedly
- Getting you compensation for any career, financial, reputation, mental, or other harm that you suffer as a result of background check errors
Unlike criminal lawyers, background check attorneys don’t just deal with one event- they deal with patterns, systems, and companies that churn out inaccurate background reports like broken vending machines.
Experienced background check lawyers know how to demand accurate background checks, escalate disputes, and sue when the situation calls for it.
If you’re searching background check lawyer near me, you’re already on the right path. This is the kind of attorney who understands how devastating a criminal data mix-up can be.
When background check companies like Checkr, First Advantage, or Sterling mistake you for someone else who committed a crime or handle any aspect of your criminal history reporting incorrectly, you don’t need someone who only specializes in trial strategy.
You need a background check lawyer who can serve as your First Advantage background report errors lawyer or your Sterling background report errors lawyer. Someone who knows how to dispute and correct criminal background check errors of any kind, for good.
Most Common Criminal Background Check Errors
Criminal background check errors are incredibly common. The background check companies producing these reports value speed over accuracy, which means mistakes slip through and pile up constantly.
Here are the most frequent errors that our criminal background check lawyers see:
- Mistaken identity – You share a name with someone else, and suddenly their crimes are your crimes. Sorry, John Smith, but apparently you robbed a gas station in another state.
- Outdated records – Charges that were dropped or resolved years ago still pop up and get reported as if they’re brand new.
- Clerical errors – Misspelled names, swapped Social Security numbers, and data entry typos that create entire criminal histories from thin air.
- Duplicate records – The same entry shows up multiple times, making it look like you had multiple arrests, charges, or convictions.
- Incomplete information – The report notes you were arrested, but doesn’t indicate that no charges were filed. Or that you were charged, but the case was dismissed.
- Mixed files – Similar to credit report errors, two people’s histories get combined into one inaccurate background report.
- Jurisdictional confusion – Records from one state get filed under someone else’s name in another.
- Sealed or expunged records revealed – Criminal records that are sealed or expunged should not show up on your criminal background check. If they do, it’s unlawful.
When these errors creep in, the fallout is real. Job offers vanish, rental applications get denied, and insurance companies back away. And you’re left wondering how to prove you didn’t commit crimes, that information about real crimes is misrepresented, or that a crime should never have been reported in the first place.
How Do I Correct Errors on a Criminal Background Check?
This is where the rubber meets the road. If you’re stuck with criminal background check errors, here’s how to fight back:
- Get a copy of the inaccurate background report. If you haven’t received it automatically, ask for it directly from the company that created it. Whether Checkr, First Advantage, Sterling, or any other company ran the report, you’re entitled to see it.
- Identify every error. Circle, highlight, screenshot – whatever it takes. If you see outdated criminal charges, duplicates, inaccurate dispositions, unreportable information, or total fabrications, make note of them.
- File a dispute. Under the Fair Credit Reporting Act, you have the right to dispute inaccuracies. The background check company has to investigate and correct the report within 30 days. Dispute through certified mail to preserve your rights and create a record that background check companies can’t deny.
- Gather supporting documents. Court records, dismissal notices, or anything things else you have that can prove the errors aren’t yours.
- Escalate with a background check attorney. If the company drags its feet, an employment background check errors lawyer at Consumer Justice Law Firm can turn up the pressure.
- Consider a lawsuit. If the company refuses to fix the background check errors, you can file suit under the FCRA for damages.
For a deep dive into fixing background check errors, check out our practice page for more info.
A criminal lawyer won’t help here. They’ll look at you and ask, “Where’s the criminal case?” A background check lawyer, on the other hand, will know exactly how to fix an inaccurate background check and get you justice.
Why Accuracy Matters in Background Checks
An accurate background check can mean the difference between landing a dream job and staying stuck in unemployment limbo.
Employers rely on background check reports to make snap judgments about whether you’re trustworthy. Insurance companies use them to decide if you’re too risky. Even landlords lean on them before handing over apartment keys.
The High Stakes of an Accurate Background Report
A background check is essentially your “report card” for adult life. Instead of grades, it lists your criminal history, financial red flags, and sometimes even your driving record.
The problem is, you don’t get to explain the mistakes.
Employers don’t care that the background check company confused you with someone else, they just see a “red flag.” Landlords don’t care either; they just move on to the next applicant. Suddenly, you’re stuck with the burden of fighting for accuracy against a piece of paper that distorts reality.
This is why accuracy matters so much. An inaccurate background check doesn’t just cost you a single opportunity – it can create a domino effect where jobs, apartments, and insurance quotes all slip away – making it critical to seek help from a background check lawyer.
If you’ve been harmed by these mistakes, a background check lawyer can make sure your rights under the FCRA are enforced.
For a detailed look at how background check companies collect and use your data, and the rules employers must follow – the Federal Trade Commission has a helpful resource.
GET JUSTICE! A Background Check Lawyer Fights for Fixes & Money
When you’re facing background check errors, you need more than vague advice – you need personalized guidance from a team that knows the system inside and out.
At Consumer Justice Law Firm, here’s how we step in:
- Reviewing every detail of your inaccurate background report for errors
- Gathering documentation to prove the criminal background check errors aren’t yours
- Filing disputes with background check companies like First Advantage and Sterling
- Pressuring employers or landlords to reconsider decisions based on inaccurate reports
- Filing lawsuits under the FCRA when background check companies fail to correct errors
- Seeking compensation if you lost job offers, housing, or insurance because of false reports
- Providing ongoing support to make sure the errors don’t creep back into future reports
We’re not just here to fix a background check once. We’re here to protect your record and restore your peace of mind for good.
At the end of the day, when your life is being wrecked by background check errors, the lawyer you need isn’t the one standing in a criminal courtroom. It’s the background check lawyer who knows how to demand accuracy, enforce the FCRA, and hold negligent companies accountable.
Don’t settle for living under someone else’s mistakes. An accurate background check is your right, and fixing an inaccurate background report is our mission.
At Consumer Justice Law Firm, we take background check errors seriously because your future is too important to let careless reporting stand in the way.
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