My background check shows my twin brother's criminal record. How do I separate our files?

Question

I never thought having a twin brother would cost me a job, but that's exactly what happened. My twin and I share the same first and last name - our parents gave us the same first name with different middle names to "keep it simple." We also obviously have the same date of birth and grew up at the same address. My brother made some bad choices years ago and has a criminal record. I've never been arrested, never been in trouble, and we've lived completely different lives as adults. But when my background check came back, it showed his convictions as if they were mine. The screening company clearly matched based on our shared first and last name and birthdate, without bothering to check that the middle names are different, the Social Security numbers are different, and that I've never lived in the state where his charges occurred. I explained this to the screening company and sent them my Social Security card, but they said they need "more information" and are treating this like it's some complicated mystery. Meanwhile, I was denied the job and I'm furious. How do I get them to separate our records when we share so many identifiers?

Consumer Attorneys · Accepted Answer

Twin mix-ups in background screening are unfortunately common, but they are absolutely preventable if screening companies use proper procedures. Under the Fair Credit Reporting Act (FCRA), background check companies must use sufficient unique identifiers to distinguish between different individuals, even when some identifiers overlap. The fact that you and your twin brother have different middle names and, most importantly, completely different Social Security numbers means the screening company had clear ways to differentiate you. Their failure to do so, and their subsequent failure to correct the error after you pointed it out, likely violates the FCRA's requirements for reasonable procedures and adequate reinvestigation.

Your twin status does not diminish your legal rights - in fact, it may strengthen them:

Emphasize the unique identifiers: Your dispute should hammer on the fact that your Social Security numbers are different, your middle names are different, and your addresses for the past X years have been different
Provide side-by-side documentation: Create a comparison chart showing your SSN, middle name, and current address versus your brother's information
Request specific matching criteria: Demand that the screening company explain exactly which identifiers they used and why they believe the record is yours when the SSN clearly doesn't match
Document all past addresses: Show that you haven't lived in the state where your brother's charges occurred, which should be dispositive proof

Screening companies have dealt with twins before, and they know how to separate files properly. The fact that this company failed to do so suggests either inadequate procedures or negligent reinvestigation. We can help you aggressively dispute this error, demand immediate correction, and if necessary, file suit to force the screening company to implement proper procedures for distinguishing you from your twin. You may also be entitled to compensation for the lost job opportunity, damage to your reputation, and emotional distress. Under the FCRA, the screening company would have to pay our legal fees if we win your case. Contact us today - we've successfully handled twin mix-up cases before and we know exactly how to force these companies to separate your files permanently.