Criminal Background Check Errors: Incorrect Criminal Records and What to Do

Why Wrong Criminal Records Show Up on Background Checks

Let's explore the most common criminal background check errors, how you can dispute them, your rights under the law, and how our attorneys can help you make a quick comeback.

One of the questions we get from our clients is “How do I correct errors on a criminal background check?” This is a valid question especially when you find mistakes on a criminal screening but don’t know how to begin the process of having them removed. If you’ve ever applied for a job, you were likely required to submit to a background check and most background checks include a criminal check. 

Getting a criminal background check seems simple enough, but for some people, it isn’t so simple when there are discrepancies contained in a background screening report. In this article, we explain what you should do if you find incorrect information on criminal background checks including how to dispute inaccuracies on a criminal background check.

Disputing errors when you find them is crucial because doing so can be the difference between getting a job opportunity and losing out on a career of a lifetime. Let’s jump into the different types of background check errors, and what to do when your background check shows false criminal records.

Types of Background Check Errors

There are many types of errors you can find in a criminal background check report. Here are some of the main ones.

• Human errors. Human errors are usually due to wrong information being recorded about an applicant. For instance, if someone inputs the wrong name, birthdate, or Social Security number, it can cause false information to be reported in criminal background reports. 
• Mixed files. Sometimes background screening companies confuse the criminal records of two or more people. When this happens any charges or convictions that belong to another person will be reported. This creates major problems because oftentimes our clients do not have a criminal record at all but are reported as having convictions for crimes they never committed.
• Reporting expunged or old charges. If charges are expunged or old, background check companies will sometimes report the charges, convictions, or arrest records that should not be legally reported. Offenses that were dismissed or expunged but still showing as current can cause people to lose job opportunities.  
• Failure to follow reasonable procedures. The perception most people have when agreeing to background screenings is that the background check company will do their due diligence to accurately report information. However, the reality is that companies are not always honest, and they do not always follow the proper protocols set by law. When this happens, erroneous information gets reported causing job and rental applicants to lose opportunities that they would otherwise be able to benefit from.

Common mistakes happen more than most people anticipate and it’s important to know how to fix a criminal error on a background check when you find them. Keep reading to learn more about the rights the FCRA gives you during the dispute process.

The Dispute Process

If you discover that your criminal background check is wrong, you have a right to dispute the errors you find. Here is the typical dispute process:

1. Contact an attorney. The dispute process is tedious, time-consuming, and frequently unhelpful. You can start the process by getting help from an attorney.
2. Get a copy of your background report. If you request a copy of your background report, by law, the screening company must give you a copy.
3. Check for errors. After you get a copy of your report, spend some time locating errors. Notating errors will come in handy later in the dispute process.
4. Contact the screening company. After you pinpoint all errors, you should contact the background check company. You will need to write a letter pointing out the mistakes and provide necessary documents to prove your case. We suggest submitting the letter via certified mail as opposed to disputing online since certified mail requires you to waive less of your rights.
5. Wait for the investigation. The background company normally has about 30-days to investigate the disputes and respond.
6. Follow up. Continue to follow up with the background company. You have a right to follow up with the company and request documents when the law permits.

As stated previously, the dispute process can be rough to say the least. Typing dispute letters, following up with the background company, and filing a lawsuit all take time and skill. An attorney is a useful resource for efficiently navigating through the dispute and litigation processes.

How an Attorney Can Help

Criminal background checks with wrong information should be addressed right away. Working with a consumer attorney when challenging criminal background check errors is invaluable because a lawyer for background check errors can handle the entire dispute and litigation process for you. Our lawyers help you dispute criminal background checks that are incorrect and hold the background check company responsible for its actions.

We can help you by drafting dispute letters based on the FCRA, filing paperwork with the courts, and holding the screening company responsible by negotiating a settlement or litigating in court. If the company refuses to fix the error, you may be able to sue the background check company for the harm it caused.

Our background check and credit report lawyers have experience disputing errors and having them removed! If you need help with a background check dispute, contact us today!