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  • What are my rights if a background check falsely shows I'm a registered sex offender?

New York|03/2025

What are my rights if a background check falsely shows I'm a registered sex offender?

I received a call from HR saying they needed to discuss something "extremely serious" about my background check. When I got to the office, they showed me a report that lists me as a registered sex offender. I have never been convicted of anything remotely like that. I've never even been arrested for any sex-related offense. I don't know whose information this is, but it absolutely is not mine. The employer immediately suspended the hiring process and is treating me like a dangerous person. My name, my reputation, everything I've worked for is being destroyed by this false information. I showed them my clean court records, tried to explain that this is obviously a mistake, but they said their policy doesn't allow them to proceed while this is on my screening report. The screening company has attached the most damaging possible label to my name, and I can't even begin to describe how this feels or what it's doing to my life. How could they make such a catastrophic error?

Answer from

Being falsely identified as a registered sex offender is one of the most severe and damaging background check errors possible. This type of mistake doesn't just cost you a job — it can destroy your reputation, relationships, and entire future. Under the FCRA, screening companies have a heightened duty of care when reporting sex offender registry information because of the extreme harm it can cause.

Sex offender registry errors typically occur when screening companies:

  • Match names without verifying sufficient identifying information
  • Pull data from outdated or unreliable registry databases
  • Fail to confirm that the registered person is actually the applicant
  • Don't cross-reference DOB, physical description, and other identifiers

Under the FCRA, when reporting such serious information, screening companies must:

  • Use the highest standards of verification and accuracy
  • Confirm multiple identifying factors beyond just name
  • Verify information through official state registry sources
  • Not report registry status unless it can be conclusively confirmed

What you must do immediately:

  • Obtain official documentation from your state's sex offender registry showing you are not listed
  • Pull certified court records showing you have no such convictions
  • Dispute this error in writing with the screening company using urgent language
  • Send copies of your identification and official registry clearance

This is an emergency. Send us the background report showing the false registry listing, your official registry clearance, and any communication from the employer. We will treat this with maximum urgency and can seek immediate injunctive relief to force correction of this catastrophic error.

If this false information has already damaged your employment, reputation, or relationships, you may be entitled to substantial compensation under the FCRA, including:

  • Actual damages for all harm caused
  • Emotional distress and reputational injury
  • Punitive damages for such a reckless error
  • Attorney's fees and costs

Being falsely labeled as a sex offender is not a minor mistake — it is one of the most serious defamation-level errors a screening company can make. We will pursue every available remedy to clear your name immediately and hold the screening company fully accountable for this devastating violation. Contact us right now — this cannot wait.

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