QUICK ANSWER
Employment background check errors are caused by human data entry errors and typos, outdated public records, corporate database lags, and flaws in the automated processing of consumer data, including mismatching information. Errors can be disputed and corrected.
What Causes Employment Background Check Errors?
Employment background check errors are caused by data gathering and processing errors when third-party background check companies compile information on job applicants to create background check reports. These screening mistakes can happen due to data entry errors, outdated records and databases, mismatched information.
Common Reasons Employment Background Check Errors Occur
Common reasons employment background check errors occur include:
- Mistaken identity or mixed files
- Outdated criminal records
- Incorrect employment history
- Errors verifying education
- Duplicate or incomplete records
- Data entry mistakes
- Incorrect information from third-parties
If a public record source or corporate database contains inaccurate information, the mistake can get pulled into a background check report. In addition, the background check company’s own algorithims can create new errors through mismatched data and other issues.
Mistaken Identity and Mixed File Errors
Mistaken identity occurs when a background check company confuses you with someone who has similar identifying information, such as similar names or social security numbers, or the same date of birth. Mixing consumer identities causes another person’s information, including their criminal record or employment history, to appear on your report. When this happens and records belonging to another person are incorrectly combined with your own it’s called a mixed file error.
Outdated or Incorrect Information in Background Reports
Outdated or incorrect information in a background report can include:
- Dismissed charges
- Expunged or sealed records
- Incorrect case dispositions
- Old employment details
- Records that have since been corrected
The FCRA gives consumers the right to review their background reports and have errors corrected.
Reporting Errors by Background Check Companies
Reporting errors by background check companies include any inaccurate, misleading, incomplete, false, outdated or unreportable information in a report. It also includes the way errors are dealt with after the fact, such as incomplete investigations and failures to correct or update records. The FCRA requires consumer reporting agencies to follow reasonable procedures to ensure the information they report is as accurate as possible.
Incorrect or Misreported Criminal Records
Criminal record errors can include charges that belong to someone else, incorrect case outcomes, incomplete case records, inaccurate felony reporting, duplicate entries, dismissed reporting, and reporting of expunged or sealed records. It can also include inaccurate or false reporting of sex offender or watchlist status.
Errors in Employment and Education Verification
Background reports may contain incorrect employment dates, job titles, degrees, or attendance records. These mistakes can happen when employers, schools, or third-party verification services provide incomplete or inaccurate information.
How Third-Party Data Sources Contribute to Errors
Many background screening companies gather information from public records, private databases, and other third-party sources. If one source contains false information, that error will likely be repeated in the final report.
How Background Check Errors Can Affect Your Job Opportunities
Background check errors can adversely affect job opportunities by creating a false impression of your personal and professional background, giving an employer or potential employer reason to assess your job qualifications or compatibility negatively.
An employer may:
- Reject your application
- Withdraw a job offer
- Delay the hiring process
- Deny a promotion
- Terminate your employment
- Deactivate your access to a rideshare driver app
Your Rights Under the Fair Credit Reporting Act (FCRA)
The FCRA provides rights for job applicants:
- Receive notice before a background check is run on you and provide consent
- Receive notice if an employer makes a final adverse employment decision
- Receive a copy of the report prior to the final adverse action notice
- Review the information in the report
- Dispute inaccurate or incomplete information
- Have errors investigated and corrected, typically within 30 days
Background screening companies are required to use reasonable procedures to ensure maximum possible accuracy.
How to Check Your Background Report for Errors
Review your background report carefully for any information that’s wrong, including criminal records, employment history, personal information, and education verification. Look for inaccurate, misleading, incomplete, outdated, or unreportable, or mismatched information. If you find an issue, you can fix background check errors.
How to Dispute Employment Background Check Errors
You dispute an employment background check error by preparing a letter and supporting your position with documentation.
- Request a copy of your background report if you do not already have one
- Review the report, highlighting any errors
- Prepare a written dispute, directly addressing the errors and supporting your dispute with copies of relevant documentation
- File your dispute online or by certified mail (the recommended method)
- Notify the employer that you have disputed the information
- If the errors are not fixed or cost you opportunities, consider contacting a background check lawyer
What to Do If a Background Check Error Costs You a Job
If a background check error costs you a job opportunity - you have two options: (1) dispute the error to seek corrections, or (2) discuss the situation with a background check lawyer to get personalized legal advice. When a background check error causes harm, like being rejected for a job or deactivated from a rideshare platform, you may be entitled not only to corrections, but also to compensation, including having your legal fees paid by the background check company.
When to Contact a Consumer Protection Lawyer About Background Check Errors
You may want to contact a consumer protection lawyer if incorrect background information caused you to lose out on a job or promotion or if a reporting agency failed to adequately investigate or correct errors after a dispute. An attorney can review whether the employer or consumer reporting agency complied with their legal obligations under the Fair Credit Reporting Act (FCRA) and whether any of your consumer rights were violated. If your rights were violated or you suffered harm, you may be entitled to get compensation.
Frequently Asked Questions
What are the most common background check errors?
Common background check errors typically include - mistaken identity, outdated information, false criminal or employment details, duplicate information, education verification errors, and data entry errors.
How do background check mistakes happen?
Mistakes happen when reporting agencies rely on inaccurate or outdated information, when their data gathering and sorting algorithms mismatch consumer information, or when their systems fail to identify data inconsistencies.
Can someone else’s criminal record appear on my background check?
Yes. Mixed file errors can cause another person’s criminal record to appear on your background check report.
What should I do if my background check is wrong?
File a dispute with the background check company that created the report, highlighting the errors, explaining why the information is wrong, and requesting corrections. If your dispute is ignored or mishandled, or you’ve suffered harm, consider talking to a lawyer for background checks.
How do I dispute an employment background check error?
Submit a written dispute, along with copies of supporting documentation, to the background check company that created the erroneous report. Submit the dispute through certified mail to maintain control of dates and confirmation of receipt.
Can an employer deny me a job because of incorrect information?
Yes, an employer is allowed to make hiring decisions based on the information in a background check report based on the assumption that the report is accurate. Errors can be disputed and corrected with the background check company that prepared the report, but the employer is not obligated to reconsider you for the position.
What rights do I have under the FCRA for background checks?
The FCRA gives you the right to (1) have an accurate background check report, (2) receive notice of an adverse hiring decision based on information in a background check report, (3) receive and review a copy of the report, (4) dispute inaccuracies, (5) have errors investigated and responded to within 30 days, (6) have corrections made, (7) file a lawsuit if the dispute is mishandled or ignored, (8) seek compensation if errors caused you harm, and (9) have your legal fees paid for by the background check company following a successful legal claim.
How long does it take to fix a background check error?
Consumer reporting agencies generally must investigate disputes within 30 days, which is the time required by the FCRA. In some instances, this time can be extended to 45 days. If the dispute is not handled within this time, you should consider consulting an attorney.
Can I sue for an inaccurate background check report?
Yes. You have legal rights if an employer or reporting agency violates the FCRA, including reporting false, inaccurate, or misleading background check information.
When should I contact a lawyer about a background check issue?
Consider contacting a consumer protection lawyer if a background check error cost you a job or other harm or your dispute is being ignored or mishandled.