Meta description: Learn why background check errors happen, how to review an employment screening report, and what steps to take if information is inaccurate.
Yes, errors can happen on background checks. A report may attach another person’s record to the wrong individual, omit an updated court outcome, or show information that is incomplete or legally restricted. Because employers may use screening reports when making hiring decisions, it is important to review a report carefully and act promptly if something looks wrong. In the United States, federal law gives consumers rights when a background check is prepared by a consumer reporting agency, though state and local rules can add protections.
Why Background Check Errors Happen
Employment background checks draw on records from courts, government agencies, schools, employers, and other sources. Those records may use different formats, update at different speeds, or contain similar names. A screening company may also rely on data collected by a third-party vendor. Each handoff creates the possibility of a mismatch, outdated entry, or missing detail.
Many reports are accurate, but no database or matching process is infallible. An error can originate in the source record, appear when information is compiled, or result from a mistaken identity match. Reviewing the report is the most practical way to spot a problem before it causes confusion.
Common Errors on Background Checks
Another Person’s Record Appears on the Report
One of the most serious background check mistakes is a record being attributed to the wrong person. People can share names, birth dates, or other identifying details. A report may also contain a record linked to an incomplete or incorrect identifier. A shared name alone does not prove that a record belongs to the person being screened.
Check the report’s identifying information and compare the details of any listed record with the relevant court or agency information. If a criminal case is not yours, dispute it with the company that prepared the report and ask it to verify the match using reliable identifying details.
Outdated or Incorrect Case Information
A report may show an arrest or charge without reflecting what happened afterward, such as a dismissal, acquittal, or other resolution. Court records can take time to update, and information may not transfer promptly to a screening database. A report that omits the final disposition can give an incomplete or misleading impression.
Check whether each entry includes the correct outcome, date, and court. If a case was dismissed or otherwise resolved, obtain documentation from the court when possible and provide it with a dispute. The screening company should investigate the disputed information rather than simply repeating an unverified entry.
Sealed, Expunged, or Restricted Records Are Reported
State law may allow certain records to be sealed, expunged, or otherwise restricted from public access or employment screening. Rules differ by jurisdiction, record type, and the kind of background check. A record’s treatment can also depend on when and how the screening company obtained it.
If a report includes a record that has been sealed or expunged, do not assume that the same rule applies in every state or to every job. Check the court order and applicable state law, then dispute the entry with the reporting company. A qualified attorney or legal aid organization can help explain how local rules apply.
Duplicate, Incomplete, or Misdated Entries
Records sometimes appear more than once, list incorrect dates, or leave out important context. A duplicate entry can make one event look like several. A mistaken date may make an older record appear recent, while a missing disposition can make a resolved matter seem open.
Compare the report with original documents or the court’s official record. In a dispute, identify the exact entry and explain what is wrong. Specific details make it easier for the reporting company to investigate.
Employment, Education, or License Details Are Wrong
Background checks may verify work history, education, professional licenses, or other credentials. Errors can include an incorrect employment date, a misspelled school name, a license listed as inactive when it is current, or a former employer’s information attached to the wrong person.
Gather supporting records such as pay statements, tax documents, transcripts, or a current licensing-board lookup. Contact the employer, school, or licensing agency that supplied the information if its original record is inaccurate, and dispute the screening report as needed.
What the Fair Credit Reporting Act Requires
The federal Fair Credit Reporting Act (FCRA) regulates consumer reporting agencies, including many companies that prepare employment background checks. When an employer obtains an employment report from a consumer reporting agency, the employer generally must provide a clear, standalone written disclosure and obtain written permission before ordering it. Additional rules may apply to particular types of screening or employers.
If an employer may take adverse action based in whole or in part on a consumer report, the FCRA generally requires a two-step process. Before making the decision, the employer must provide a copy of the report and a summary of the consumer’s rights under the FCRA. After taking adverse action, the employer must provide an adverse-action notice with information about the reporting agency and the consumer’s right to dispute inaccurate or incomplete information.
The FCRA generally gives a reporting agency 30 days to investigate a dispute, with some investigations extended by up to 15 days in certain circumstances, such as when the consumer provides relevant additional information during the initial period. If the disputed information is inaccurate, incomplete, or cannot be verified, the agency generally must correct or remove it. Consumers should keep copies of reports, letters, emails, and supporting documents.
Federal rules also limit how long certain information may be reported. For example, the FCRA generally restricts reporting of many civil suits, civil judgments, and records of arrest from more than seven years earlier, subject to statutory exceptions. The federal seven-year limit generally does not apply to criminal convictions. Exceptions and state laws can change what may be reported, including for higher-paying jobs and particular types of screening. The specific rules depend on the information and circumstances.
How to Check a Background Check Report
Read the entire report rather than looking only for a criminal-record section. Confirm that identifying details, case outcomes, dates, employment history, education, and license information are accurate. Check for records that appear duplicated, belong to someone else, or lack a final outcome.
When possible, compare disputed details with primary sources, such as a court clerk’s records, a state licensing board, or documents from a former employer or school. A report may name the source of its information. If it does not, ask the screening company where the disputed entry came from and what information it used to match the record.
Consumers can also ask the employer for a copy of the report if the employer is considering adverse action based on it. Under the FCRA, the employer generally must provide the report and the rights summary before taking that action. Reviewing the report promptly can help preserve time to identify and challenge an error.
How to Dispute an Error on a Background Check
- Identify the exact error. Note the report page, record, date, or detail that is incorrect. Explain whether the problem is a mistaken identity, wrong outcome, outdated information, duplicate, or missing detail.
- Contact the reporting company. Use the dispute instructions on the report or the company’s website. Send the dispute in writing when practical, and keep a copy. A consumer may also contact the original court, employer, school, or agency to correct a source record.
- Include supporting evidence. Provide copies, not originals, of relevant documents, such as a court disposition, expungement order, identification details, or license verification. Avoid sending more sensitive information than necessary.
- Ask for the investigation result. The reporting agency generally must investigate a dispute and notify the consumer of the result. If a correction is made, request an updated report and ask the agency to send it to the employer or other recipients as required.
- Follow up with the employer. If a hiring decision is pending, tell the employer that the report is disputed and provide relevant documentation. Ask whether the decision can wait until the investigation is complete. The FCRA does not guarantee a particular hiring outcome.
A consumer can obtain a free copy of a report from a consumer reporting agency after receiving an adverse-action notice, if the request is made within 60 days. The notice must identify the agency that supplied the report. Consumers may also request their file from a reporting company, subject to applicable procedures and any available free-report rights.
When to Contact a Government Agency or Attorney
If a reporting company does not investigate a dispute adequately, or an employer does not follow required FCRA procedures, consumers can submit a complaint to the Consumer Financial Protection Bureau (CFPB). The Federal Trade Commission (FTC) also provides consumer information about background checks and the FCRA. State attorneys general and state labor or consumer-protection agencies may address additional protections under local law.
Legal advice may be useful when a report contains a sealed or expunged record, the same error keeps reappearing, or an employer takes adverse action without required notices. Some states and cities have additional rules governing employment screening, including limits on when or how criminal history may be considered. The CFPB and FTC provide general information, but they do not decide every individual dispute.
Ways Employers and Consumers Can Reduce Errors
- Use precise identifying information. Employers and screening companies should use legally permitted identifiers and reliable matching procedures rather than relying on a name alone.
- Check record context and outcomes. A criminal-record entry should be matched carefully and include relevant case status where available.
- Review reports before decisions. Employers should follow FCRA procedures, allow a reasonable opportunity to address inaccurate information, and comply with state and local requirements.
- Keep documents organized. Consumers can retain court paperwork, licensing records, education documents, and employment records to support a timely dispute.
Background check errors are possible, but an inaccurate report can often be challenged. A careful review, a focused written dispute, and supporting records can help correct mistaken or incomplete information. Because reporting rules vary by record type and location, consumers should check both federal protections and the laws that apply where the screening takes place.