My background check mixed me with someone else. How do I get the criminal record removed?

Question

I’m supposed to start a new job soon and everything was going fine until HR told me that they can’t move forward, because of an issue with my background check. I pulled the report and it shows a criminal case. The name is similar to mine, but the middle name is different and the age doesn’t match. I’ve never even been arrested and I have no idea who this person is, but now they think I’m the one with a record.

I tried calling the screening company and they just told me to file a dispute online and wait, like I have 30 days to spare. I don’t. I’m terrified the employer is going to pull the offer while I’m stuck in this process. What do I do right now to get this removed and get a corrected report in front of the employer fast?

Consumer Attorneys · Accepted Answer

This is a classic mistaken-identity “mixed file” problem, and the screening company has duties under the FCRA to conduct a real reinvestigation and correct or delete inaccurate information.

Do this today:

Save everything: the report, the employer’s notice, and any messages with the screening company.
Dispute in writing (even if you already used the portal) and attach proof: photo ID, current address, and a short statement that the record is not yours (different middle name/age).
Send us the report pages showing the record + the employer’s notice. We can escalate immediately, demand the source record and matching basis, and push for a corrected report to be sent to the employer quickly.

If your start date is delayed or the offer is pulled because of this, you may also have an FCRA claim for damages.