How long does a background check company have to fix a mixed file error?

Question

I disputed my background check three weeks ago because it shows someone else's criminal record, and the screening company keeps sending me automated emails saying they're "still investigating." My job offer has been on hold this entire time and I'm watching the opportunity slip away day by day. HR told me they can only wait so long before they need to move forward with someone else. The screening company won't give me any specifics about when they'll finish or what they're actually doing to investigate. How long are they legally allowed to take? Is there a deadline they have to meet?

Consumer Attorneys · Accepted Answer

Under the FCRA, background check companies generally have 30 days to complete a reinvestigation after receiving your dispute. However, 30 days is not a free pass to delay - the law requires a "reasonable" investigation, and what's reasonable depends on your circumstances.

When a job offer is pending and you've provided clear evidence of a mixed file (like mismatched identifiers), taking the full 30 days may violate the FCRA's reasonableness requirement. The law doesn't permit screening companies to ignore obvious evidence or conduct superficial automated checks.

Important timeline rules:

30-day general limit: Standard maximum timeframe for reinvestigation
Reasonableness requirement: Must investigate promptly when evidence is clear
Urgent circumstances: Job offers or housing applications may require faster action
No rubber-stamping: Can't just verify with the original source without reviewing your evidence

If they're dragging their feet while your opportunity disappears, that's actionable. We can demand expedited investigation, escalate to the company's legal department, and if necessary, seek emergency court relief to force correction before you lose the job. Contact us immediately - timing is critical in these cases.