How to Dispute an Error on a Background Check

Common background check errors

Background reports are assembled from court records, databases, and other sources, often by matching names and birth dates. That process can go wrong in predictable ways:

Mixed files. A record belonging to someone with the same or a similar name ends up on your report. This is especially common with common names. If this happens to you, our guide on someone with the same name as you has more help.

Missing outcomes. An arrest or charge appears without the dismissal, acquittal, or reduction that followed.

Sealed or expunged records. Cases that were sealed or expunged are reported as if they were still public. See our guide for when an expunged record is still online.

Outdated items. Arrests or other items older than the FCRA's seven-year limit appear on a report for a job that pays under $75,000 a year.

Duplicates. The same case appears more than once, making it look like several separate incidents.

Wrong details. A misdemeanor is listed as a felony, the dates are wrong, or the disposition is wrong.

Our guide to what background checks can report explains the time limits and other rules.

Step 1: Get the report

If an employer is considering rejecting you, the FCRA requires it to give you a copy of the report and a summary of your rights first. Use that copy. If you got an adverse action notice instead, it will name the company and tell you how to get a free copy within 60 days.

If you just want to check, the CFPB keeps a list of consumer reporting companies, including employment and tenant screening companies, with instructions for requesting your file.

Step 2: Mark every error

Go through the report line by line. For each item that is wrong, write down what the report says, what is actually true, and what document proves it. Be thorough. If you dispute some errors now and find more later, the process takes longer.

Step 3: Gather proof

The right proof depends on the error:

Not your record. A copy of your ID showing a different birth date or middle name, and, if possible, the court record showing the other person's identifiers.

Missing outcome. A certified disposition or dismissal order from the court clerk.

Sealed or expunged. A copy of the sealing or expungement order.

Outdated. The dates on the report itself may be enough. Note the job's expected salary if it is under $75,000.

Wrong details. The court record showing the correct charge, level, or outcome.

Send copies, not originals.

Step 4: Send a written dispute

Most screening companies have an online dispute form or a mailing address listed on the report or their website. Use the official process, and keep copies of everything you send and the date you sent it. If you mail it, use a method with tracking.

A short, clear dispute works best. Here is an example:

"I am disputing the following information in my background report, file number [number], prepared for [employer] on [date]. Item: [describe item]. This information is inaccurate because [reason]. I have attached [document] as proof. Please reinvestigate, delete or correct this item, and send a corrected report to [employer] and anyone else who received the inaccurate report. Please send me the results in writing."

Write a separate paragraph for each error.

Step 5: Tell the employer or landlord

Do not wait for the company. Contact the person handling your application, tell them you have found an error and filed a dispute, and offer to share your proof. Many employers will hold a position or wait for a corrected report when you are prompt and clear.

Keep it short and factual. If the error is a record that is not yours, say so plainly. If it is an old case missing its outcome, explain that the charges were dismissed and offer the court record. Our guide to explaining an old arrest has more wording.

Step 6: Follow up

Under the FCRA, the company generally must complete its reinvestigation within 30 days of receiving your dispute, or 45 days if you send additional relevant information during that period. It must delete or correct information that is inaccurate, incomplete, or cannot be verified, and send you written results.

If the company deletes an item, it generally should not put it back without telling you. If it decides the dispute is frivolous, it must tell you why.

If the company does not fix it

Add a statement. If the dispute does not resolve the issue, the FCRA lets you add a brief statement to your file explaining your side.

Complain. Submit a complaint to the Consumer Financial Protection Bureau, or report the company to the FTC at ReportFraud.ftc.gov.

Talk to a lawyer. The FCRA gives people the right to sue companies that fail to follow its requirements. Many consumer lawyers handle these cases, and legal aid offices can help find one.

Prevent repeat errors

Errors that come from court records can come back if the source is wrong. If the court record itself is incomplete, such as a case missing its disposition, ask the clerk to update it. If you share a name with someone who has a record, consider keeping a short letter and a copy of your ID ready for future applications.

It also helps to check the other screening companies that are common in your industry or rental market, since the same bad data can be sold to more than one company.

Keep a dispute file

Disputes go faster, and escalation is easier, when your records are organized. Keep one folder, paper or digital, with:

If you later file a complaint or talk to a lawyer, this folder is the first thing they will ask for. It also makes it easy to send the same proof to another screening company if the error shows up again.

• The report you received and the date you got it.
• Your marked-up copy showing each error.
• Every document you sent as proof.
• A copy of each dispute and proof of when it was sent.
• Every response from the company, including the reinvestigation results.
• Notes on each call or email with the employer or landlord, with dates and names.

Tenant screening disputes

The same steps work for apartment applications. Tenant screening reports often include eviction records as well as criminal records, and the same kinds of errors happen, such as cases that were dismissed or records belonging to someone else. Ask the landlord which company prepared the report, request a copy, and dispute errors directly with that company. Tell the landlord you are disputing, since apartments can be rented quickly.

Background checks and Google are different

Fixing a background report does not change what Google shows, and Google results are not part of an FCRA report unless a screening company includes them. If an arrest also appears in search results, see our guides to getting a mugshot taken down and court records on Google.

Common questions

Sources

1. Employer Background Checks and Your Rights (Federal Trade Commission)
2. 15 U.S. Code section 1681i (Cornell Legal Information Institute)
3. 15 U.S. Code section 1681e (Cornell Legal Information Institute)
4. 15 U.S. Code section 1681c (Cornell Legal Information Institute)
5. List of consumer reporting companies (Consumer Financial Protection Bureau)
6. Submit a complaint (Consumer Financial Protection Bureau)