Can I sue if my background check shows dismissed charges as if they're still pending?

Question

I was charged with something years ago, went through the court process, and the case was completely dismissed. The court records show it was dismissed, and I have the paperwork proving it. But the background screening report shows those same charges as "pending" like the case is still open and unresolved. The employer saw this and is treating me like I have an ongoing criminal case against me when I don't. I've had this behind me for years, and now it's being resurrected on a background check with the wrong status, making it look worse than it ever was. The screening company took a resolved matter and presented it as current legal trouble. How is this acceptable? They're reporting outdated, incorrect information that's directly harming my chances.

Consumer Attorneys · Accepted Answer

Reporting dismissed charges as "pending" is a serious accuracy violation under the FCRA. Background screening companies have a duty to report the correct and current disposition of criminal records. When they report old charges with the wrong status, they're providing false information that can severely damage your employment prospects.

The FCRA requires screening companies to:

Report the most recent and accurate court disposition
Update records to reflect dismissals, acquittals, and case resolutions
Not present resolved cases as active or pending matters
Use current court records, not outdated databases

What you should do right away:

Obtain certified court records showing the dismissal
Dispute the incorrect status in writing with the screening company
Provide clear documentation proving the case was dismissed
Request they update the report and send corrections to the employer

Send us the background report showing the wrong disposition and your court records proving dismissal. We can force the screening company to correct this immediately and investigate why they're using outdated information. If the incorrect status caused the employer to deny or delay your hiring, you may be entitled to compensation for the harm caused by reporting resolved matters as active cases.

Dismissed means dismissed — not pending, not unresolved. The screening company must report the truth, and we'll make sure they correct this error and answer for the damage it's caused to your reputation and opportunities.