Hobby Lobby Background Check Dispute: How to Fix Errors and Sue
- Blog
- Employment Background Check Errors
Hobby Lobby Background Check Dispute: How to Fix Errors and Sue

If Hobby Lobby Denied You, Here's What Actually Happened
The hiring process felt like it was wrapping up nicely. You interviewed, talked through your availability, maybe even mentally started planning your commute. A start date was mentioned, or at least implied. Then the messages got slower. Then came a short, strangely impersonal note: the company couldn't move forward after completing your background screening.
No explanation. No details. Just a door quietly closing.
Here's the thing most applicants don't realize at that moment: that decision almost certainly didn't come from the store manager who shook your hand. It came from a third-party screening report - a document assembled by a company you've never heard of, pulling from databases you've never seen, using methods that are far from foolproof.
When that report contains someone else's arrest record, a dismissed charge listed as a conviction, or a case that should have been sealed years ago - the denial feels arbitrary. Because from where you're standing, it is. You're being penalized for data you were never shown and never had a real chance to dispute.
That's where most Hobby Lobby background check disputes actually begin. Not with something you did, but with something a database got wrong.
And this is not a fringe problem.
The Consumer Financial Protection Bureau (CFPB) reports that consumer reporting consistently ranks as the most complained-about category in the United States. In 2023 alone, the CFPB received over 1 million complaints related to credit and consumer reporting, including background screening disputes.
The National Consumer Law Center (NCLC) has repeatedly documented that criminal background check errors are widespread, particularly involving incomplete or outdated court data that leads to employment denials.
Source: NCLC, “Broken Records Redux” Report
This isn’t an isolated glitch. It’s a structural vulnerability in how the screening industry operates.
What to Do in the First 48 Hours (And What Not to Do)
The instinct most people have is to call the store, ask to speak with a manager, or just reapply and hope for a different outcome. That instinct, while understandable, tends to make things harder.
Store managers almost never have the authority, or visibility, to override a screening result. And verbal conversations don't change the underlying record that caused the problem in the first place.
What actually moves the needle:
- Request the exact screening report in writing from the company listed in your adverse action notice.
- Save the job posting and any messages about the offer or start date.
- Screenshot your hiring portal status before it changes.
- Keep every email or notification showing where the process stopped.
One more thing: don't file a dispute yet if you haven't seen the report. It sounds counterintuitive, but submitting a vague dispute before you know what you're disputing rarely accomplishes anything and can muddy the process you'll need later.
How Hobby Lobby Background Checks Are Actually Created
Hobby Lobby doesn't run your background check. Almost no large retailer does. Instead, they contract with consumer reporting agencies - third-party companies whose job is to pull court records, comb public databases, and package everything into a hiring report, usually within a few days.
Speed is the priority. Accuracy is the assumption, not the guarantee.
Here’s the part most people find surprising: many screening reports are matched using only name and date of birth. Not a Social Security number in many cases, not fingerprints - just two pieces of information that millions of Americans share with at least one other person. Most of the time, this works fine. Sometimes it attaches someone else's felony to your file.
The Bureau of Justice Statistics has noted that more than 70 million Americans have some form of criminal record on file. That volume increases the likelihood of name-based mismatches, especially in high-population counties.
Meanwhile, the CFPB has repeatedly warned that consumer reporting agencies often rely on bulk public record data that is incomplete or not updated in real time.
The system assumes accuracy. It does not guarantee it.
The employer, for their part, typically treats the report as authoritative. By the time it hits their desk, the decision is usually already made.
Why This Happens More Often Than Anyone Advertises
Background check accuracy is only as good as the data feeding into it and that data comes from thousands of county courts, state databases, and commercial brokers, all operating on different timelines and different standards.
The disputes we see most often trace back to:
- High-population counties where case outcomes take months to update in public records.
- States that index records by name rather than unique identifiers, making mix-ups nearly inevitable.
- Sealed records that remain visible through third-party aggregators who never got the memo.
- Dismissed charges that appear with no final disposition - leaving the worst interpretation as the default.
- Expunged records that resurface because one data vendor updated their files and another didn't.
The FTC’s landmark credit report study found that 1 in 5 consumers had an error on at least one credit report, and about 5% had errors serious enough to materially affect lending decisions. While that study focused on credit reports, background screening relies on similar data infrastructure and dispute systems.
The employer sees none of this context. They see a flag in a report, and the hiring process stops.
The Specific Errors That Commonly Cause a Hobby Lobby Denial
If you've been searching for "Hobby Lobby incorrect background check" and landing on vague results, here's the more useful breakdown of what's usually going on:
- Mixed files: Another person's criminal record merged with yours because of similar names or birth dates. More common than the industry likes to admit.
- Inaccurate dispositions: A charge that was dismissed or reduced still shows up as a conviction.
- Missing outcomes: Cases listed without any resolution, leaving the screening system to flag the arrest rather than the result.
- Sealed or expunged records: Legally cleared history that still circulates in older or poorly maintained databases.
- Duplicate entries: The same incident appearing multiple times, creating the appearance of a pattern that doesn't exist.
- Outdated records: Information that exceeds the legal reporting window but slipped through anyway (often seven years for certain non-convictions under FCRA guidelines).
Any one of these can quietly eliminate a well-qualified applicant. And the particularly maddening part is that most people never see the specific record before the decision is made. You end up trying to argue your way out of a conclusion without ever being shown the evidence behind it.
What the Law Actually Requires Before Hobby Lobby Can Say No
Employment background checks aren't a gray area legally. They're governed by the Fair Credit Reporting Act (FCRA) - a federal statute that sets clear procedural requirements for how employers can use consumer reports in hiring decisions.
Before a company can formally deny you based on a background report, they must:
- Send you a pre-adverse action notice,
- Provide a copy of the background report used in the decision,
- Include a Summary of Rights under the FCRA,
- Give you a genuine opportunity to respond before the decision becomes final.
That last part is where things often go sideways. Sending paperwork and issuing a rejection the same day technically checks a box, but it doesn't satisfy the law's intent. You can't meaningfully respond to information you received six hours ago.
Once a dispute is submitted, the screening company is required to conduct a reasonable reinvestigation under 15 U.S.C. § 1681i, meaning they have to actually examine evidence, not just ping the same database again and confirm the same result.
Failure to conduct a reasonable reinvestigation is one of the most common FCRA violations litigated in federal court.
How to Start a Hobby Lobby Background Check Dispute the Right Way
The first thing to understand: the dispute has to be based on the specific report used in your hiring decision, not a general background check you pull on yourself through a consumer service. Those often look different and won't identify the same errors.
Once you have the report, go through it looking for factual problems, not character explanations, not context, just facts that are wrong:
- Records that belong to someone else,
- Case outcomes that are incorrect or incomplete,
- Charges listed without final dispositions,
- Records that should be sealed, expunged, or beyond the legal reporting window,
- Duplicated entries inflating the apparent severity.
For each error you identify, gather documentation. Court records, expungement orders, anything that establishes what the correct information actually is.
Also keep everything that shows the job was lost because of the report specifically: emails confirming withdrawal, messages about paused onboarding, anything that establishes the direct connection. That link matters legally.
After submission, the ball is in the screening company's court. If they conduct a real investigation using actual evidence, the error gets corrected. If they run an automated confirmation, ignore your documentation, and send back the same result - that's where legal options come into the picture.
Why the Error Tends to Come Back
Here's something that surprises a lot of people after they've successfully disputed an error: the same problem shows up again six months later with a different employer.
Screening companies don't maintain one clean record. They pull from multiple vendors, and those vendors don't automatically synchronize. Getting one source corrected while leaving others intact means the bad data is still circulating, still waiting to surface the next time someone runs your name.
This is why a surface-level fix isn't enough. Addressing the error at the source, across the vendors that feed into these reports, is what actually prevents the cycle from repeating.
When a Hobby Lobby Dispute Becomes a Lawsuit
If the error cost you the job and the screening company failed to correct it after a proper dispute, the FCRA gives you the right to pursue legal action. Depending on the circumstances, that action can be taken against the screening company, the employer, or both.
What the law allows you to recover:
- Lost wages from the position you were denied,
- Emotional distress damages,
- Statutory damages - even without documented financial losses,
- Punitive damages for willful violations,
- Attorney fees and legal costs.
That last point is worth noting. Because the FCRA permits fee-shifting, consumer attorneys frequently take these cases without requiring anything upfront from the client. The law was designed with that in mind.
Why Correcting the Record Matters Beyond This One Job
A background check mistake rarely stays contained to a single application. The same data gets reused across employers, industries, and time. Most people only discover the full scope of the problem after a second or third denial, by which point the incorrect record has already quietly shaped a string of outcomes they may not have even connected to each other.
Getting it corrected early is the difference between solving a problem and managing one indefinitely.
This isn't a customer service complaint. It's a consumer reporting issue with real legal teeth.
How Consumer Attorneys Help Fix the Problem Permanently
The reason errors persist isn't malice - it's economics. There's no strong incentive for a screening company to conduct a thorough reinvestigation if they can get away with a cursory one.
Legal intervention changes that calculation.
The process typically involves obtaining the exact report used in the decision, identifying procedural and substantive violations, submitting disputes that require genuine responses, and escalating unresolved errors through FCRA litigation when necessary.
The goal isn't a temporary patch. It's permanent correction of the underlying data — and compensation where the law provides for it.
If your Hobby Lobby job offer was pulled because of a background check error, you have more options than most people realize. Federal law built that path specifically for situations like yours.
That's where we come in.
Frequently Asked Questions
It depends on state law and how the information is reported. The Fair Credit Reporting Act does not automatically prohibit reporting arrests, but many states and local jurisdictions restrict how non-conviction records can be used in hiring decisions. In addition, if an arrest is listed without showing that it was dismissed or resolved in your favor, that may be considered misleading or incomplete reporting under federal law. Context matters legally, and incomplete context can create liability.
Under the FCRA, certain non-conviction information, such as arrests not resulting in conviction, generally cannot be reported after seven years for most positions. However, there are exceptions, particularly for higher-salary roles. If outdated information appears on your Hobby Lobby background check beyond the legally permitted reporting window, that may constitute a violation.
If you were denied employment and did not receive a pre-adverse action notice with a copy of the report and a Summary of Rights under the FCRA, that can itself be a procedural violation. Employers are required to provide those materials before finalizing a denial. A failure to follow that process may create independent legal exposure, even if the underlying record was technically accurate.
Reapplying is possible, but it does not automatically resolve the underlying issue. If the incorrect data remains in circulation with other vendors or screening agencies, the same problem can resurface. Before reapplying, it is important to ensure the record has been fully corrected and confirmed through updated reporting.
Under federal law, screening companies generally have 30 days to complete a reinvestigation after receiving a formal dispute, with limited extensions in certain circumstances. However, the practical timeline can vary depending on how responsive courts or data vendors are. If the company responds with a generic confirmation without addressing the evidence you submitted, the dispute may require escalation beyond the administrative process.


David Pinkhasov is an Associate of Consumer Attorneys. David is admitted in Courts of the State of New York and Florida. Read more





Related Articles




R
ONGS™You pay nothing. The law makes them pay.


