Quick Answer
Yes. You can fix background check errors. Under the Fair Credit Reporting Act (FCRA), you have the right to dispute and fix inaccurate information in a background check. Background check companies must follow “reasonable procedures to assure maximum possible accuracy” and must investigate and respond to your dispute within 30 days.
What Types of Background Check Errors Can Be Fixed?
All types of background check errors can be corrected. If the information in your report is inaccurate, misleading, incomplete, false, or belongs to someone else, it can be corrected or removed.
Common Examples of Background Check Errors Include
- incorrect criminal records, including wrong charges or disposition
- expunged or sealed cases that get reported
- wrong personal information or addresses
- inaccurate employment, education, and licensing information
- someone else’s information in your report (a mixed file)
- duplicate entries of the same information
- outdated information that should have aged-off the report
How Do Background Check Errors Happen?
Background check errors generally happen due to both human data entry errors and mismatching caused by reliance on large databases using automated systems.
Key causes of background check errors:
- Outdated public or court records were never updated
- Dismissed, sealed, or expunged cases still appear on reports
- Automated systems confuse you with someone else due to similar names, birth dates, or social security numbers
- Human data entry mistakes, including misspelled names or wrong dates
- Identity theft or other fraudulent use of personal information causes false data
- Reporting agencies fail to verify information prior to reporting
Many people do not discover background check errors until a decision maker- like an employer, landlord, or insurer- takes action based on the false information.
How Do You Fix Background Check Errors Step-by-Step?
Disputing background check errors involves flagging errors with the background check company that produced the report, providing sufficient documentation, and requesting corrections.
Step 1: Request Copies of the Report
Request a copy of the background check report. If an employer or landlord used the report to make a decision, they are generally required to provide information about which screening company they used. You can requrest a report from the company or the employer.
Step 2: Review the Entire Report
Review the report for incorrect information and be sure to clearly highlight mistakes you find.
Step 3: Gather Documents
These files should support your dispute and can include documents like court records, dismissal orders, identification documents, employment records, and more.
Step 4: Submit a Written Dispute
Consider sending dispute letters in writing, via certified mail. In the dispute letter, make sure to clearly explain the error and include copies of supporting documents. Keep records of everything you send. According to the FCRA, the screening company typically must investigate and respond within 30 days.
If the investigation confirms the information is inaccurate, it must be corrected or removed. You may also request that corrected reports be sent to employers or landlords who previously received the inaccurate version.
Step 5: Contact a Lawyer
If the background check company refuses to fix verified errors, additional legal remedies may be available, including getting help from a consumer protection attorney.
How Long Does It Take to Fix Background Check Errors?
Under the Fair Credit Reporting Act, consumer reporting agencies generally must investigate disputes and correct or remove inaccurate, incomplete, misleading, false, or unreportable information within 30 days.
After corrections are made, employers or landlords who already reviewed the erroneous report may not automatically receive updates unless requested. So be sure to request that a corrected report is provided to the employer, landlord, or other decision maker.
What Are Your Rights Under the Fair Credit Reporting Act (FCRA)?
The Fair Credit Reporting Act is a federal law that gives you important legal protections when consumer reporting agencies gather your data, package it into a report, and sell it to others for use in making financial, career, and housing decisions, among other things. Credit reports, employment background checks, tenant screenings, and insurance background reports are common types of consumer reports.
FCRA rights for background checks:
- Know when a background check is going to be run and authorize it
- Receive a copy of the report
- Receive a pre-adverse action notice informing you of an impending negative decision based on information in your report
- Receive a summary of your rights under the FCRA
- Dispute inaccurate information
- Have inaccurate information corrected or removed
- Sue and file a claim if a company violates the FCRA
- Seek compensation for any harm suffered as a result of the errors
- Have your legal bills paid by the company you sue
If your rights are violated through inaccurate reporting and you suffer harm as a result, you may be able to get compensation.
What If a Background Check Error Cost You a Job or Housing?
If a background check error costs you a job or housing opportunity, you may have grounds to file a lawsuit to seek corrections and compensation.
According to the FCRA, employers and landlords are generally required to allow you time to dispute errors before taking adverse action.
Can You Sue for Background Check Errors?
Yes. You can sue a background check company if false information caused harm and the company violated the FCRA or other applicable laws.
Notably, you may not be able to sue the employer or landlord who relied on the inaccurate background check report, unless they violated notice requirements. The law recognizes that the employer or landlord had a right to reasonably rely on the information in the report when making a decision.
Frequently Asked Questions
Can all background check errors be fixed?
Technically, yes. You have a right to an accurate background check, free from errors. Inaccurate, incomplete, outdated, or unverifiable information can often be corrected or removed if supported by documentation. However, if the background check company fails to fix an error, the federal circuits differ on whether you can bring a lawsuit to force a correction in cases when the error has not caused any harm.
Do you have to pay to dispute a background check error?
No. The FCRA generally allows consumers to dispute inaccurate background check information at no cost. However, if you send your dispute through certified mail (as recommended), you will have to pay postal fees. Importantly, if you work with a background check lawyer to dispute errors in your report and file a lawsuit, the FCRA requires the background check companies to pay your legal bills. You can also choose a lawyer who offers free consultations and no upfront or out of pocket fees.
What proof do you need to correct a background report?
The specific proof depends on the nature of the background check error. Proof can incldocuments like court records, dismissal orders, government identification, employment records, driving records, insurance claims history, eviction or rental history, or identity theft reports, and so on.
Can you fix an error before an employer sees it?
Typically, a background check error is discovered after it has been reported. However, you can correct errors before applying to new opportunities.
Will employers be notified if a report is corrected?
Not automatically in every situation. You will most likely need to request that the reporting agency send corrected reports to prior recipients.
What if the company refuses to fix the error?
You can take action. You should consider filing complaints with government agencies (FTC, CFPB, etc.) and pursue legal action if the reporting company did not comply with the FCRA. You can file a lawsuit seeking error corrections and compensation for any harm the error caused.
Can identity theft cause background check errors?
Yes. Identity theft can create false criminal, financial, or employment records using your name or connected to the wrong person, leading to background check report errors.
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