How do I fix a background check that shows someone else's criminal record under my name?

Question

I just received my background screening results and I'm horrified. There's a criminal case listed that isn't mine - the birthdate is off by several years, the middle initial is different, and I've never even been to that county. But the screening company matched it to me anyway, and now my job offer is in jeopardy. The HR department is asking me to "clear this up" but won't tell me how long they'll wait. I'm terrified they'll just move on to the next candidate while I'm stuck trying to prove this isn't me. How do I get this removed from my background check immediately and make sure the employer gets a corrected report?

Consumer Attorneys · Accepted Answer

When a background screening company reports someone else's criminal record under your name, this is a serious violation of the Fair Credit Reporting Act. These "mixed file" errors occur when companies like First Advantage, Checkr, HireRight, or Sterling use insufficient identifiers - often just a name and partial birthdate - to match criminal records. Under the FCRA, background check companies must use reasonable procedures to ensure maximum possible accuracy, and reporting another person's criminal history simply because of a name similarity is not considered reasonable.

Here's what you should do immediately:

Save everything: Download the complete background report, any adverse action notices from the employer, and all communications
Dispute in writing: Submit a formal written dispute to the screening company, clearly stating that the criminal record belongs to someone else
Provide distinguishing proof: Include copies of your photo ID, Social Security card, current address, and any documents showing the record doesn't match your identifiers
Document the timeline: Note when you received the report and when your job offer might expire

We can help you move quickly. If the screening company has already matched you to someone else's record, they have a legal duty under the FCRA to conduct a real reinvestigation and correct or delete inaccurate information. We can escalate your dispute, demand proof of their matching methodology, and push for a corrected report to be sent to your employer within days, not weeks. If you've lost a job opportunity or your start date has been delayed because of this error, you may also have a claim for damages under the FCRA. Contact us today for a free case evaluation - we can often handle these cases on a contingency basis, meaning the screening company pays our fees if we win.