First Advantage matched someone with a similar name to me. How do I prove it's not my record?

Question

This situation is so frustrating I can barely put it into words. I applied for a position I'm extremely qualified for, sailed through the interviews, and everything seemed perfect. Then HR called and very awkwardly asked me about "an incident" that came up on my background check. When I got a copy of the First Advantage report, I understood immediately what happened - they matched me to someone who has a similar but NOT identical name to mine. This person has one letter different in their last name and a completely different middle name. I don't even have a middle name. The date of birth on the criminal record is seven years off from mine, the address is in a city I've never lived in, and the physical description doesn't match at all. I disputed it right away and sent copies of my birth certificate, driver's license, and Social Security card, but First Advantage came back saying the information is "verified" and will stay on my report. The HR manager has been understanding so far, but I can tell they're nervous about moving forward while this is hanging over my head. How do I prove to First Advantage that they have the wrong person when it seems so obvious?

Consumer Attorneys · Accepted Answer

What you're describing is a textbook example of a name-based matching error, which is one of the clearest forms of an FCRA violation. Under federal law, background screening companies like First Advantage must use sufficient identifiers to ensure the criminal record truly belongs to you - they cannot rely solely on name similarity, especially when other identifiers clearly don't match. The fact that First Advantage matched you to someone with a different last name spelling, a middle name you don't have, a significantly different date of birth, and a different address strongly suggests they used inadequate matching procedures. When they "verified" this information despite your clear proof of the mismatch, they may have compounded their violation.

The evidence you've already gathered is strong, but you need to take additional steps:

Document the exact differences: Create a side-by-side comparison showing your actual identifiers versus the identifiers on the criminal record
Obtain court records if possible: If you can identify which court system the record came from, request documentation showing the defendant's full information to further prove it's not you
Escalate beyond their online dispute system: Send a comprehensive dispute letter by certified mail to First Advantage's legal compliance department, not just their consumer disputes team
Demand their matching methodology: Ask First Advantage to explain exactly which identifiers they used to match you to this record and why they believe it's accurate despite the obvious discrepancies

First Advantage's failure to differentiate between you and someone with a similar name is not a minor clerical error. This type of negligent matching can destroy job opportunities, damage reputations, and cause serious financial harm. We can help you escalate this dispute aggressively, demand that First Advantage provide documentation of their matching criteria, and if necessary, file a federal lawsuit to force correction of your report and seek damages for the harm caused. Many courts have held that reporting someone else's criminal record simply because of name similarity violates the FCRA's "reasonable procedures" requirement. Under the law, First Advantage would pay our attorney's fees if we successfully prove their violation. Contact us today for a free case review - we have extensive experience holding First Advantage accountable for mixed file errors.