Incorrect criminal record in HireRight

Question

I pulled my HireRight background check after a job offer was rescinded and saw something terrifying, a felony assault conviction that isn't mine. I've never been convicted of a felony. The charge on my actual record was a misdemeanor that was later dismissed. Now the offer is gone. The employer won't return my calls. I have the court's disposition letter showing the case was dismissed, and the original charge was only a misdemeanor. How is this legal? What do I do right now?

Consumer Attorneys · Accepted Answer

When an employment background check surfaces a felony conviction for someone whose actual record shows only a dismissed misdemeanor, that is a serious inaccuracy, and an incorrect HireRight background report of this kind can implicate the Fair Credit Reporting Act (FCRA). Consumer reporting agencies like HireRight are required to follow reasonable procedures to ensure maximum possible accuracy. Reporting a dismissed misdemeanor as a felony conviction inflates the severity of a charge and misrepresents its outcome simultaneously, two distinct errors in one record. Under the FCRA, you generally have the right to dispute inaccurate information, and the CRA is required to investigate. If HireRight fails to correct verified errors, you may have legal options worth exploring.

What to gather / what to request / what to document:

Obtain a full copy of your HireRight background check. Federal law generally entitles you to a free copy if it was used in an adverse employment action.
Gather your official court disposition letter or certified docket screenshot confirming the charge was a misdemeanor and that it was dismissed, not convicted.
Document the timeline: date you received the adverse action notice, date you disputed, and any employer communications.
Submit a written dispute to HireRight identifying the specific errors, wrong charge level (misdemeanor shown as felony) and wrong disposition (dismissed shown as conviction).
Keep copies of everything: your dispute letter, any response from HireRight, and the job offer rescission notice.
Note that HireRight background check errors involving inflated charge severity and false conviction status are among the most impactful errors a consumer can face. Document every step carefully.

Consumer Attorneys offers free case reviews for situations like this. If you have a disposition letter showing a dismissed misdemeanor and a background report calling it a felony conviction, that documentation is exactly what an attorney needs to evaluate your case. Timelines matter under the FCRA. Consider reaching out promptly and preserving every document you have.