5 Errors Behind Failed Experian Background Checks
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5 Errors Behind Failed Experian Background Checks
What Is an Experian Background Check?
Experian offers background check services for employers, landlords, and lenders through tools like Experian Employer Services, Experian Verify™, and Employment Insight℠. Employers use these tools to assess a candidate’s criminal and employment history. At the same time, landlords and lenders rely on Experian to evaluate credit scores, financial history, eviction records, rental history, and debt-to-income ratios before making decisions.
What Does an Experian Background Check Show?
Experian may provide a detailed report, showing an individual’s credit history, including loans, credit cards, charge-offs and missed payments. This helps employers or landlords assess financial responsibility.
In some cases, Experian may report criminal records associated with an individual, including traffic violations, DUIs, pending criminal cases, conviction records, sex offender registration, etc. This is especially common for positions that require a high level of trust or security clearance.
The background check can verify the individual’s work history, including past employers, job titles, and dates of employment. This helps employers confirm whether the applicant has the experience they claim.
Experian can verify an applicant's educational background, ensuring that they have the degrees or certifications they claim.
Experian may confirm whether the SSN provided by an individual matches the records on file and check for any discrepancies.
A check of past addresses helps to verify the applicant’s identity and may also assist in identifying any potential risks.
5 Errors Behind a Failed Experian Background Check
When you apply for a job, housing, or loan, an Experian background check can significantly determine your eligibility. However, errors in the background check can lead to unfair denials or delays. Understanding the mistakes that can cause a failed Experian background check is essential for taking action and resolving the issues. Below are five common errors that can lead to a failed Experian background check and how to address them.
1. Inaccurate Credit Information on Experian Background Check
Inaccurate or outdated credit information can significantly impact your background check and hinder your chances of securing housing or a loan. Your financial history is one of the key components employers, landlords, and financial institutions use to assess your financial responsibility. If the information on your report is inaccurate, it can paint an unfair picture of your financial situation. Common errors include misreported payment histories, where payments are incorrectly marked as late, or wrong account statuses, such as a closed account being reported as open. In some cases, misreported debts might appear, including old debts that have already been paid off.
Inaccurate Credit Information – Wise FCRA Solution
Review Your Report for Any Inaccuracies
To address inaccurate or outdated credit information, begin by thoroughly reviewing your credit report for errors, such as incorrect payment histories, account statuses, or misreported debts.
- Start the Dispute Process
If you find inaccuracies on your credit report, don’t just file a dispute with Experian unthinkingly, as the process is often automated and may not resolve the issue. Consulting with Consumer Attorneys is a more effective approach. They understand the Fair Credit Reporting Act and can ensure your dispute is handled correctly, improving your chances of a successful outcome. - Take Legal Action
If Experian continues ignoring or mishandling your dispute, we can pursue a lawsuit to protect your rights. This may include seeking compensation for any harm caused by the errors, such as financial losses, emotional distress, or missed opportunities.
2. Inaccurate Criminal Records on Experian Background Check
Having inaccurate criminal records on your Experian background check can create serious obstacles to securing a job, housing, or loans. Even minor or old convictions that shouldn’t be on your record can still show up, causing unnecessary complications. This is especially problematic if expunged or sealed charges remain visible, unfairly impacting your reputation and opportunities.
In some cases, background check companies may fail to report all relevant details of a criminal record. For example, a charge may be reported without noting that it was dismissed, or the record may be incomplete, leaving out important information about the case's outcome, such as a verdict of not guilty.
Inaccurate Criminal Records – Wise FCRA Solution
Review Your Experian Background Report.
The first step is to carefully review the criminal record report to identify the specific inaccuracies. This might include:
- Inaccurate deposition, dates, or criminal charge degrees.
- Expunged or sealed records that should not be appearing.
- Criminal charges that don't belong to you (due to mistaken identity or mixed files).
- Outdated, dropped, or dismissed no longer relevant or legally reportable cases.
- Take Legal Action.
In many cases where false criminal records are reported, filing a dispute with Experian may not be necessary, especially when the error is apparent. Suppose your background check includes inaccuracies such as expunged records or outdated information about your records. In that case, taking immediate legal action rather than relying on the automated dispute process is often more effective.
3. Mistaken Identity or Mixed Files
Mistaken identity or mixed files are common issues that can lead to significant errors in your Experian background check. These mistakes often occur when your personal information is confused with someone else’s, typically due to similarities in names, addresses, Social Security numbers, or other identifying details.
Experian’s system might incorrectly link another person’s criminal records, financial data, or employment history to your file. As a result, criminal charges, unpaid debts, or incorrect job history may appear on your report, even though they don’t belong to you.
Experian Mixed Files – Wise FCRA Solution
- Review Your Background Check Carefully
Start by carefully reviewing your Experian background check to identify any inaccuracies. Look for criminal records, financial data, or employment history that doesn’t belong to you. Pay attention to details like names, addresses, or Social Security numbers that might match those of another individual. Note down any discrepancies. - Get the Reports from All 3 Credit Bureaus
Obtain an official copy of your TransUnion, Equifax and Experian reports. This allows you to compare the information on file with what you know to be correct and identify the exact source of the mix-up. The official free credit reports can be reviewed and downloaded at AnnualCreditReport.com. - Consult with Consumer Attorneys
Suppose you discover errors on your Experian background check due to mistaken identity or mixed files. In that case, it is better to contact us first to get advice on filing a dispute correctly. By contacting us, you’ll receive clear guidance on the proper steps to take, ensuring the issue is addressed efficiently and without unnecessary delays. - Take Legal Action
If the dispute process fails and you continue to be harmed by the mixed file, our attorneys can help you take legal action against Experian. They can file a lawsuit to hold the company accountable, seek compensation for financial losses or emotional distress, and ensure that your financial history is accurately reflected on your report.
4. Failure to Verify Your Identity in an Experian Background Check
One common issue a consumer may face during an Experian background check is failure to verify identity. This typically occurs when Experian cannot confidently match your personal information, such as your name, date of birth, address, or Social Security number (SSN), with the data in its system.
These glitches can cause records to be missed, mismatched, or incorrectly assigned to someone else.
Common causes include:
- Typos or inconsistencies in your submitted personal information (e.g., name, date of birth, SSN).
- Recent name changes (such as after marriage or divorce) or the use of aliases.
- Limited or outdated credit history provides too little data for a proper match.
- Data mismatches from third-party sources, such as employers, schools, or public records.
To avoid further complications, double-check that all identifying information is consistent across your applications. If there's a problem, contact Experian directly to clarify or correct the data.
SSN Trace and Identity Verification Issues – Wise FCRA Solution
- Contact Consumer Attorneys
Disputing on your own can be challenging - speak with Consumer Attorneys so we can review your report, identify violations, and advise you on the correct steps to address the issue with your Experian background check. - Start the Dispute Process
With the help of your attorney, a properly worded and well-documented dispute can be submitted to Experian. This increases the chances of a fast and accurate correction and creates a paper trail for legal claims if they fail to act. - Take Legal Action
If Experian ignores your dispute or refuses to fix the SSN Trace error, you may be entitled to compensation for lost job opportunities, housing denials, and emotional distress. Your attorney can file a lawsuit under the FCRA to hold Experian accountable and seek damages.
5. Unpaid Debts or Collections, Inconsistent Employment, Education History, or Missing Documentation
Outstanding debts - such as card balances, utility bills, or loan defaults - can appear on your Experian tenant screening report and negatively impact your ability to rent a home, secure a loan, or get hired. Likewise, inconsistencies in your employment or education history - like incorrect job titles, employment dates, or degree claims - can raise red flags during an Experian background check.
If your background check is accurate but contains information that may concern employers, landlords, or lenders, it’s essential to address the situation proactively. For debts or collections, consider contacting creditors to negotiate payment plans or settlements and request updated records once the accounts are resolved. For employment or education discrepancies, verify the information with former employers or educational institutions and provide correct details or documentation when necessary.
How Our Attorneys Can Help
If you're facing errors on your Experian background checks, our FCRA team at Consumer Attorneys is ready to help. We know how inaccurate data can unfairly cost you a job, housing, or credit.
We’ll review your report, explain your rights under the Fair Credit Reporting Act, and guide you on the best steps - whether it’s disputing incorrect data, addressing misleading entries, or filing a lawsuit if your rights were violated. If Experian or another background check company failed to follow the law, we can help you pursue compensation for financial loss, emotional distress, and damage to your reputation.
Your Rights and Potential Compensation
When you sue Experian for errors on your or background check, you may be entitled to various types of compensation, depending on the circumstances of your case. What is also important is that you don’t have to pay out of pocket to initiate the lawsuit. Consumer Attorneys works on a contingency basis and collects fees from Experian, not from you.
Here are the potential forms of compensation you could receive:
- Actual Damages
You may be entitled to actual damages if you’ve suffered financial loss or emotional distress due to Experian's errors. This includes any direct financial harm caused by the inaccuracies, such as missed job opportunities, loan denials, or higher interest rates. You can also be compensated for emotional distress, including anxiety, stress, or damage to your reputation. - Statutory Damages
Under the Fair Credit Reporting Act, the reporting companies responsible for the mistake on the consumer reports have to pay statutory damages to the consumer. These are damages set by law and can range from $100 to $1,000 per violation, even if you don’t suffer actual financial loss. These damages are meant to compensate for the breach of your rights. - Punitive Damages
In cases where Experian's conduct is deemed wilful or malicious, you could be awarded punitive damages. These are meant to punish Experian for its actions and deter similar behaviour in the future. Punitive damages can be substantial, especially in egregious mistakes or negligence cases. - Attorney Fees
Experian is also required to pay for your attorney fees. FCRA cases typically allow attorney fees to be covered by the reporting agency responsible for the mistake, so you won’t have to pay out of pocket for legal services if you win your lawsuit.
If you’ve been impacted by inaccuracies in your Experian background check, our team of Consumer Attorneys is here to help. Contact us today to discuss your case, correct errors, and pursue the compensation you're entitled to. Let us confidently protect your rights and guide you through the legal process!
Ask for Our Help Now!
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Frequently Asked Questions
Derogatory information on an Experian background check includes negative credit data such as late payments, accounts in collections, bankruptcies, foreclosures, and defaulted loans. It may also involve criminal history, including arrests, convictions, or even sealed records (which should not be reported under the FCRA). Employment or education red flags, like job history inconsistencies or false degree claims, can also appear. Public records such as evictions, civil judgments, and unpaid child support may be included, all of which can impact your eligibility for jobs, housing, or credit.
An Experian background check typically takes 2 to 5 business days, depending on the type and depth of the screening. Basic checks can be completed within 24 hours, while more comprehensive reports involving employment, education, or criminal history may take longer. Delays can occur if manual verification is needed or if there are issues with identity verification, such as SSN mismatches. Factors like multiple past addresses, limited history, or international records can also extend the processing time.
To correctly dispute errors on your Experian background report, it’s best to consult with an FCRA attorney before taking action. While you can dispute inaccurate information directly with Experian, doing it improperly or without supporting documentation can delay or weaken your case. An experienced attorney can guide you on structuring your dispute, gathering the proper evidence, and ensuring it's submitted effectively. If Experian fails to correct the errors, your attorney can also help you take legal action and seek compensation for any harm the inaccuracies caused.
To check the status of your Experian background check, you should contact the employer, landlord, or organization that requested the screening, as they typically manage the process through a third-party provider. If Experian handles the background check directly, you can visit their website or call their customer service to inquire. You may need to provide identifying information such as your name, date of birth, and Social Security number to verify your identity. If you haven't received a copy of your report, you have the right under the Fair Credit Reporting Act (FCRA) to request it for free, primarily if the check has led to a denial of employment or housing.
You can track the progress by contacting the company that requested the background check, as they often receive updates directly. If Experian is managing the process, you may be able to check the status through their online portal or by calling their customer support with your reference details.
Daniel Cohen is the Founder of Consumer Attorneys. Daniel manages the firm’s branding, marketing, client intake and business development efforts. Since 2017, he is a member of the National Association of Consumer Advocates and the National Consumer Law Center. Mr. Cohen is a nationally-recognized practitioner of consumer protection law. He has a wealth of proven legal experience in the US in: collective claims, representing visually impaired peop... Read more
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