What should I do if my background check merged my record with my father's criminal history?

Question

I share the same name as my father, I am a Jr. and he is a Sr., and the background screening company apparently did not notice or care about that distinction. The report shows criminal charges that are clearly his, not mine. Different age, different date of birth, and even a different middle initial, but they grouped everything under my name anyway. My father has had legal troubles in the past, and I have worked hard to build a completely different life for myself. Now I am being judged for his mistakes because a screening company was too careless to tell the difference between two people who share the same first and last name. The employer asked me about charges from before I was even born, which should have been an obvious sign that something was wrong. Instead of looking into it, they are assuming the report is accurate and treating me as if I have my father’s criminal history. This is destroying opportunities I have earned on my own merit.

Consumer Attorneys · Accepted Answer

When family members share similar names — especially Sr./Jr., II/III designations, or parent/child combinations — screening companies must use extra care to ensure they're matching records to the correct individual. Merging your file with your father's, son's, or another relative's criminal history is a serious FCRA violation and represents a failure of reasonable procedures.

Under the FCRA, screening companies must:

Use sufficient identifiers beyond just name (date of birth, SSN, address history)
Distinguish between family members with similar names
Verify that records actually belong to the person being screened
Not report information that cannot be conclusively matched to the subject

Family name confusion often occurs when screening companies:

Match records based solely on name without verifying DOB or other identifiers
Ignore suffix designations like Jr., Sr., II, III
Pull records without cross-referencing multiple data points
Use automated matching systems that can't distinguish between relatives

What to do immediately:

Gather documents clearly distinguishing you from your relative (birth certificate, Social Security card, driver's license)
Obtain your relative's date of birth if possible to show the age difference
Pull court records showing your relative's actual involvement in the cases
Dispute the merged records in writing with the screening company

Send us the background report showing the merged information and documentation proving you are a different person (different DOB, SSN, age). We can force the screening company to separate the files immediately and investigate how they failed to distinguish between two different individuals. If this error cost you employment because the employer assumed you had your relative's criminal history, you may be entitled to significant compensation under the FCRA.

Sharing a name with a relative doesn't mean sharing their record. Screening companies are required to use reasonable care to match information to the right person — not to punish you for your family member's past. We'll make sure they correct this error, separate your file properly, and compensate you for the harm caused by their careless matching procedures.