Failed background checks often happen for reasons beyond your control, like mistaken identity, outdated information, or simply incorrect reporting.
But the consequences fall squarely on your shoulders. A failed background check can cost you a job, delay hiring decisions, or lead to missed opportunities with gig economy platforms. While many people assume the results are set in stone, that couldn’t be further from the truth.
Knowing how to dispute a failed background check is the key to overcoming this hurdle, but it falls on you to know what to do and when to get help. The first step is understanding that these reports are regulated by federal law and you have rights.
When there’s an error, you have legal rights that make it possible for you to dispute, work with a lawyer, file a lawsuit, and even seek compensation.
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What Happens When You Fail a Background Check?
However, failing a background check due to errors comes with a slew of consequences, big and small, that can damage your job prospects, financial opportunities, security clearances, housing and rental possibilities, benefits and insurance eligibility, reputation, mental health, and more.
If you have issues or incidents in your past, whether criminal or financial challenges, you may expect to potentially fail a background check, depending on the nature of your issues and the opportunity you’re applying for.
But, you can inform decision makers up front to eliminate surprises, prepare for the fallout, and move on if you miss out on something. It’s not necessarily easy to navigate life with potentially deal-breaking issues that show up on a background check, but you can set expectations and manage it to the best of your abilities.
But when you fail a background check due to errors? Now the decision maker in charge of your application thinks you were responsible for the criminal or financial problem and you lied about it, hoping to deceive them. It’s a worst case scenario for failing a background check.
Why Background Checks Fail – And Why They’re Often Wrong
Employment background checks aren’t flawless. In fact, they frequently contain errors that can seriously affect your job prospects. Some of the most common reasons people fail employment background checks include:
- Incorrect criminal records tied to your name
- Expunged or sealed records that still appear
- Charges that were dismissed or never led to conviction
- Mixed-up records with someone of a similar name or birthdate
- Inaccurate employment history or education details
- Identity theft or credit report confusion
Inaccurate background checks are more common than most people realize, and the burden to dispute them unfairly falls on the individual. These are not simple clerical errors, they can affect your ability to earn a living, get housing, and more.
So knowing how to dispute a failed background check is everything.
The Checkr Problem – What They Don’t Tell You
Checkr is one of the largest background screening companies used by employers and gig platforms alike. Their website says you can dispute incorrect results, but what they don’t tell you is how often those disputes go unresolved, or are simply brushed off.
Checkr acknowledges that background checks sometimes contain errors (as they explain in their article on failed background checks), but the system they provide for disputes doesn’t always fix the problem.
If you listen to Checkr, knowing how to dispute a failed background check is as easy as appealing any inaccurate information and requesting a reinvestigation. Easy peasy.
When you do file a dispute this way, it’s usually best to submit your dispute via certified mail – something background check companies often fail to mention. Using certified mail helps preserve important rights you may need later in the dispute process.
What it’s really like…
Unfortunately, Checkr – like many other background check companies – places the burden on the consumer to prove something is wrong, while offering minimal transparency about the investigation process.
This is where a dispute can hit a wall, and why it’s so important to go beyond Checkr’s internal process. And this is where actually knowing how to dispute a failed background check involves a deeper understanding of what to do next.
A background check error lawyer at Consumer Justice Law Firm can give you a free consultation and an explanation of your rights, when all else fails.
We’ll take it from here! It’s our job to know how to dispute a failed background check based on errors, inaccuracies, and old data.
Your Rights Under the Fair Credit Reporting Act (FCRA)
Knowing how to dispute a failed background check starts with knowing your rights. Under the Fair Credit Reporting Act (FCRA). Specifically, background check companies must:
- Provide you with a copy of your background check report upon request
- Notify you before any negative action is taken based on the report
- Allow you to dispute inaccurate or incomplete information
- Investigate your dispute within 30 days
- Remove or correct errors that are found
Employers also have obligations under the FCRA. They must give you:
- A copy of the report if they’re considering denial based on it
- A written notice (called a pre-adverse action notice)
Many employers, especially smaller ones, don’t follow these rules, and background check companies often don’t enforce them. This is where a background check attorney can make a huge difference.
How to Dispute a Failed Background Check (Step-by-Step)
Here’s how to dispute a failed background check the right way:
STEP 1. Request a Copy of Your Report
You have the right to see the report that led to your denial. Whether it was Checkr or another provider, contact them directly and ask for a copy. You can also request this through the employer, who is required to provide it if the report leads to adverse action.
STEP 2. Review the Report Carefully
Check for common errors such as, incorrect names or aliases, criminal records that don’t belong to you, charges that were dropped or expunged, incorrect employment or education history, and mismatched personal information.
Don’t just glance through it, compare the report to your actual records. If anything seems off, make note of it.
STEP 3. File a Formal Dispute
Most background check companies have a dispute process, including Checkr.
You’ll need to submit a written dispute (via certified mail) that, clearly identifies the incorrect information, provides documentation proving the correct information (e.g. court records, letters of expungement, pay stubs, degrees), and asks for the error to be corrected or removed Be sure to keep copies of everything.
STEP 4. Follow Up Within 30 Days
Under federal law, they must investigate within 30 days. If they find the information is wrong, they must correct it and send you the updated report.
But here’s what often happens, they either ignore your documentation or claim they couldn’t verify it. If that happens, it’s time to escalate.
STEP 5. Contact a Background Check Attorney
If the dispute process fails or the error is serious enough to affect your ability to work, contact a background check lawyer at Consumer Justice Law Firm. One of our background check attorneys will:
- Send a formal demand letter to the background check company
- File a claim under the FCRA if your rights were violated
- Ask employers or platforms to reconsider your case
- Seek damages on your behalf if you were unfairly denied employment
You do not have to go through this alone – and you shouldn’t.
Our firm focuses on holding background check companies accountable and helping individuals clear their names when systems fail them. Learn more about our background check errors practice to see how we can help.
How Long Does a Background Check Take? What If It’s Delayed?
Wondering, how long does a background check take? This is one of the most common questions.
Most background checks take 3–5 business days, but delays are common, especially if the screening involves multiple jurisdictions or third-party verification of past employers.
But if your report is taking longer than expected, it could be a sign that there’s a problem matching records, there’s an error or dispute holding things up, and the system flagged something that requires manual review.
If you’re stuck in limbo or your report is “pending” for too long, you can, and should follow up. Employers often withdraw offers if background checks drag out.
What Happens If You’re Denied After a Background Check?
If you’re denied a job or removed from a platform based on a failed background check, the employer must give you a copy of the report, a pre-adverse action notice, and time to respond and dispute the issue.
If they didn’t do all three, they may be violating the FCRA, and that opens the door for legal action.
Too many people walk away after being denied, assuming nothing can be done. That’s exactly what these companies count on. But with the right help, you can fight back and sometimes even reverse the decision. This is why knowing how to dispute a background check error is key.
What If the Error Keeps Coming Back?
Some background check errors, especially those tied to criminal records, come back even after being corrected once. That’s often because background check companies don’t update their data sources or fail to remove old entries from their systems.
If you’re dealing with a recurring error that keeps popping up in background checks, it’s critical to speak with a background check attorney, like those on the team at Consumer Justice Law Firm.
You may be entitled to financial compensation for repeated harm caused by incorrect reporting. So one way of knowing how to dispute a background check error is recognizing when it’s time to work with a lawyer.
Pro Tip! With a free consultation and $0 money out of your pocket, you can work with a highly experienced background check lawyer at Consumer Justice Law Firm. The companies you sue pay the legal bills when we win.
Why Does the Same Error Show Up Again?
One of the most frustrating parts of dealing with background check errors is when the same mistake keeps showing up in multiple reports.
Even after you’ve figured out how to dispute a failed background check, gone through the proper dispute process, and received written confirmation that the issue was corrected, you may find that the same false information appears again when applying for another job, housing, or contract.
What causes it?
This happens because many background check companies purchase data from third-party aggregators or court databases that are not regularly updated or corrected in real time. Once incorrect information enters the system, it can get copied and spread across multiple reporting agencies like a digital stain on your record.
Well, you know how to dispute a failed background check, I guess you just have to do it again, right? Nope!
Good news- the cycle must come to an end!
It’s critical to know that repeated reporting of a corrected error may constitute a separate violation of the Fair Credit Reporting Act.
You’re not required to endlessly dispute the same issue over and over. At a certain point, it becomes a matter of noncompliance and potentially a legal liability for the background check company.
This is where being smart about how to dispute a failed background check means getting a background check lawyer involved. In fact, it’s not just helpful, it’s essential. Legal intervention can force these companies to permanently correct their data and stop future damage.
Why You Need Legal Help to Dispute Background Check Errors
Filing a dispute through Checkr or another company’s website might be how to dispute a failed background check when there are small mistakes that need to be fixed. But for anything more serious, you need legal leverage.
A background check attorney knows how to dispute a failed background check for errors that are deal-breakers, repeat offenders, or more. A lawyer will build a paper trail, identify FCRA violations, deal with employers and platforms that ignore proper procedures, and get your background report permanently corrected.
This is especially important if your failed background check cost you a job, housing, or other opportunities. In some cases, you may be entitled to actual damages, or statutory damages of up to $1,000 per violation.
So, not only is knowing how to dispute a failed background check about getting fixes and corrections so you can get back to your life, it’s also about knowing whether you may be entitled to get money as well.
How to Dispute a Failed Background Check by Taking Action
A failed background check isn’t the end of the road, it’s often the beginning of a fight worth having. Whether it’s Checkr or another screening agency, you’re not powerless, and you’re not alone.
Even when you know how to dispute a failed background check, the process can be frustrating, especially when companies don’t fix their mistakes. But you can fight back, and win with the right strategy and support.
If you’ve failed a background check due to inaccurate reporting, don’t let it slide. Contact a background check lawyer and learn your rights. Your future, your reputation, and your income may depend on it.
What to Say to Employers, Landlords, and More
One of the steps that no one talks about when laying out a plan for how to dispute a failed background check is that you’re going to have to say something to the hiring manager, employer, landlord, etc. before, during, and after the dispute.
Can they reject you, even if there were errors?
Yes, an employer, landlord, or other decision maker does not have to accept your application just because you say that the background check has errors and inaccuracies. They are allowed to rely on the report as it is, and make decisions based on what is included.
Can you ask them to reconsider?
Yes, you can. Many job seekers don’t know how to approach this outside of asking for an “appeal” or to be reconsidered for the position.
They are also unsure how much to disclose or whether the employer will hold the mistake against them, even if it wasn’t their fault. The key is to be proactive but concise.
If the employer is still considering your application, you should reach out and provide a brief explanation that there was an error in your background check, that you took immediate action to learn how to dispute a failed background check, filed the necessary documentation to correct it, and that the issue is pending investigation or has since been resolved.
Be factual, not emotional. Focus on the resolution, not just the problem. You might say something like, “There was an incorrect entry that appeared in my background check, which I immediately disputed and had removed. I’ve attached documentation showing the correction. I remain very interested in the position and hope this clears up any concern.”
What if you’ve already been rejected?
If the employer or landlord has already rejected your application based on the original report, you may still have grounds to ask for reconsideration, particularly if they failed to provide the legally required notices.
Also, even if they did provide the notices, you can still ask for them to reconsider and explain the circumstances of the mistake.
In either case, how you communicate post-dispute may influence your outcome.
What if the error in my background check is corrected?
Once you’ve gone through the steps of how to dispute a failed background check and received confirmation that an error was corrected, you can always reach back out to see if they are willing to give your application another chance.
Provide documentation and an explanation.
For additional details and assistance on learning how to dispute a failed background check and making sure you’ve checked all the boxes and protected your legal rights, contact our office and one of our background check lawyers will get started reviewing your case.
Consultations are free! And you pay nothing out of pocket. No justice, no fee!