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Quick answer
Background check errors include records that belong to someone else, sealed or expunged cases, dismissed charges shown as convictions, and outdated information. Background screening companies are covered by the Fair Credit Reporting Act, so you have the right to see your report and dispute errors for free.
Why background check errors matter
Employers use background checks to make hiring decisions, and a single wrong record can cost you a job offer. Background screening companies gather information from court records and other databases, and mistakes can creep in at every step, from a name match to an outdated court entry.
Signs your background check has an error
Review your report line by line and tick anything you see.
These signs can point to errors in your background report. An advocate can review it with you, free of charge.
Start a free reviewWhy background check errors happen
Name-only matching
Records are linked to you based on a name match, without confirming other details.
Outdated court data
A database wasn’t updated after a case was dismissed, reduced or resolved.
Sealed or expunged records
A record removed from public view still appears in a commercial database.
Duplicate entries
One case is pulled from several sources and listed more than once.
What the law says
Under the Fair Credit Reporting Act (FCRA), background screening companies are consumer reporting agencies, and employers who use their reports have duties too.
- Accuracy
- Screening companies must follow reasonable procedures to make sure their reports are as accurate as possible.
- Your permission
- An employer must tell you in writing and get your written permission before getting a background report.
- Before a decision
- If an employer may act on the report, it must first give you a copy and a summary of your rights.
- Old records
- Arrests and other records that didn’t lead to a conviction generally can’t be reported after 7 years, with some exceptions for higher-salary jobs.
- Free disputes
- You can dispute errors directly with the screening company, which generally must investigate within 30 days.
Federal law doesn’t set a time limit for reporting convictions, but some states do. This is a general summary of public federal law, not legal advice.
Steps you can take
- Find out which company ran the checkThe employer’s notice should name the screening company and how to reach it.
- Get a copy of your reportIf an employer acts on the report, you’re entitled to a free copy from the screening company.
- Gather court recordsOfficial documents, such as a certified case disposition, that show the correct outcome or that a record isn’t yours.
- Dispute directly with the screening companyExplain each error and include copies of your proof. Keep records of everything you send.
- Tell the employer you’re disputingLet them know the report contains errors and that you’ve filed a dispute.
A wrong record on your background check? We can review it with you.
Common questions about background check errors
Can I get a copy of my background check?
Yes. If an employer may act on your report, it must give you a copy first. You can also request your file from the screening company.
How long can arrests appear on a background check?
Under federal law, arrests that didn’t lead to a conviction generally can’t be reported after 7 years, with some exceptions for higher-salary jobs.
Can convictions be reported forever?
Federal law doesn’t set a time limit for reporting convictions, but some states do.
Can an employer run a background check without my permission?
No. An employer must tell you in writing and get your written permission first.
Sources
- Federal Trade Commission: Fair Credit Reporting Act
- Federal Trade Commission: Consumer advice
- Consumer Financial Protection Bureau: Submit a complaint
This guide is general information based on public sources. It isn’t legal advice, and Credit Dispute is not a law firm.