Background Check Errors: Your Rights Under the FCRA

If a background check error costs you a job, a promotion, or housing, you may have a federal claim under the Fair Credit Reporting Act. Attorney Joseph P. McClelland has represented consumers against the country's largest background check companies, and we take these cases on contingency. You pay nothing unless we recover.

Representing clients nationwide.

WHAT IS A BACKGROUND CHECK ERROR?

Background check companies — legally called consumer reporting agencies — are required by federal law to maintain maximum possible accuracy in the reports they produce. When they fail, and you're denied a job or housing as a result, that failure may be a violation of the FCRA.

Common errors include:

• Mixed files — another person's criminal record appearing under your name
• Outdated records — arrests, charges, or convictions that are legally too old to report
• Expunged or sealed records that are still showing up
• Wrong identity — errors caused by similar names, SSNs, or addresses
• Inaccurate or incomplete information that misrepresents what actually happened

THE ADVERSE ACTION PROCESS — YOUR MOST IMPORTANT RIGHT

Before an employer can reject you based on a background check, the law requires them to follow a specific process:

1. They must give you a pre-adverse action notice — a copy of the report and a summary of your rights — before making a final decision
2. You have a window to dispute errors before the decision is finalized
3. If they skip this process and reject you anyway, that is itself a violation — separate from any errors in the report

Many consumers don't know this process exists. If you were denied a job without receiving this notice, contact us immediately.

WHO THIS AFFECTS MOST

Background check errors hit hardest in industries that require clean records:

• Gig economy workers (rideshare, delivery, logistics)
• Healthcare and home care workers
• Trucking and transportation
• Financial services and banking
• Government contractors and security clearances

If you work — or are trying to work — in any of these fields, an error on your background check can end a career. We know how to fight back.

What should I do if I have a background check error?

Are you worried about losing a job, housing, or credit because of it? Well, you should be. These types of errors can destroy your career and hold you back for years.

We can help. In fact, you are going to want to take immediate action. You will want us to help you properly dispute everything it's wrong with the specific background check company provided the report AND sue them for causing you issues and getting denied a job or gig.  

You don't have to do it alone.

The most common background check errors

One of the worst mistakes to find is when you are being confused or mixed up with another person that has a criminal record. Many employers will not hire someone with a criminal record so having someone else's information show up on your report is not a good thing.

Information that is too old: Many times there's information on the background check that should no longer be there because it is outdated.

These types of errors are brutal. Not being able to get a job is the most severe type of result. This can also cause you to be denied housing and credit. When you can't get a job, a house, your life is effectively over.

What are your options when you have mistakes on your background check?

You have the right to do everything yourself if you want. Just don't.

You can learn the proper way of disputing these significant errors. You and gain your own experience using your own time and money with trial and error. This is the wrong way.

The better way is to see that you have rights under the credit reporting laws, specifically the Fair Credit Reporting Act.

• Under this, you must be told and notified if a background check for employment report was used against you
• You have the right to dispute anything that's wrong on that report 
• You have a right to see what's on the report and get a copy of it
• the background check company has 30 days to investigate and take action

More importantly, you have the right to sue background check companies that violate this law. 

BACKGROUND CHECK COMPANIES WE LITIGATE AGAINST

We represent consumers against the major employment screening companies, including:

• HireRight
• First Advantage
• Checkr
• Sterling
• Accurate Background
• GoodHire
• Universal Background Screening
• IntelliCorp

Don't see your company listed? Contact us anyway — we evaluate all background check error cases.

FAQ

What should I do first? Contact us before you dispute anything on your own. The way you dispute and whether you document it correctly affects the strength of your legal claim.

What damages can I recover? The FCRA allows recovery for lost wages and employment opportunities, emotional distress, and, in cases of willful violations, punitive damages. Attorneys' fees are also recoverable, meaning the wrongdoer pays our fees, not you.

Do I have to pay attorney's fees? No. The FCRA requires the background check company to pay your attorney's fees if we win. Our representation is contingency-based, so you owe us nothing unless we recover for you.

What if my record was expunged or sealed? Reporting expunged or sealed records is generally prohibited. If this is appearing on your background check, contact us immediately.

What is the Fair Credit Reporting Act (FCRA)? The FCRA is a federal law that governs how background check companies collect, maintain, and report consumer information. It requires "maximum possible accuracy" and gives consumers the right to dispute errors and sue for damages when companies fail to comply.

Do you represent clients outside of Georgia? Yes. FCRA cases are federal, and we represent clients in all 50 states. Most of the process can be handled remotely.