Wrong person's criminal record on my background check — job rescinded
Background check errors mixing up your record with someone else's
You just lost a job offer — not because of anything you did, but because a background check mixed up your record with someone else's. Someone with a similar name, a different birthdate, maybe even a different state — and now their criminal record is attached to your name.
Background check errors affect millions of Americans every year, and the Fair Credit Reporting Act gives you specific rights — including the right to dispute the error, get it corrected, and potentially recover damages.1
Under the FCRA, the employer was required to give you a copy of the report AND a notice of your dispute rights BEFORE making an adverse decision. If they didn't, both the employer and the background check company may have violated federal law.
Why Background Checks Get the Wrong Person
Background check companies don't carefully research each individual. They run automated name matches against massive databases, creating several common error patterns:
Many companies match on name alone without verifying SSN, date of birth, or address. If someone with your name has a criminal record, it ends up on your report.
"John Smith" in Texas gets merged with "Jon Smith" in Florida. Middle names and Jr./Sr. designations are frequently ignored.
Databases don't update in real time. Dismissed charges, acquittals, and expungements often aren't reflected.
Companies pull from multiple jurisdictions. Without careful identity matching, records from different people get merged into a single report.
How to Fix It
If an employer used it against you, they were legally required to provide a copy. Otherwise, request one directly — you have the right to see your file under the FCRA.
Compare the criminal record against your actual information. Note differences in birthdate, SSN, middle name, or address that prove it's not your record.
Submit in writing. Include identification, a clear statement of the error, and supporting documentation. Under FCRA Section 611, they must investigate within 30 days.2
If the error originates from a court database, file a correction request there too. This prevents the error from repopulating.
If unresolved within 30 days, the company is in violation. Document the timeline and consult an FCRA attorney.
The 30-day clock starts when they receive your letter. This documentation is critical if you need to file a lawsuit.
Your Legal Rights Under the FCRA
The FCRA provides strong protections most people don't know exist. If someone else's criminal record has been incorrectly attached to your name, you have clear legal standing:
Background check companies must maintain "maximum possible accuracy." A report with another person's criminal record is not accurate.
The company must investigate within 30 days and correct or remove unverifiable information.
You can sue for statutory damages ($100-$1,000 per violation), actual damages (lost wages), and attorney fees.
Before taking action based on a background check, employers must give you a copy of the report and a summary of your rights.
Getting Compensated for the Error
Actual damages: Lost wages, moving costs, emotional distress — anything directly caused by the error.
Statutory damages: $100-$1,000 per violation, available even without proving specific financial losses.
Punitive damages: If the company's conduct was willful, courts can award punitive damages.
Attorney fees: The FCRA allows recovery of attorney fees, so many FCRA attorneys work on contingency.
“Cases involving mixed files — where a background check company attributes another person's record to the wrong consumer — are among the most clear-cut FCRA violations.”
— National Consumer Law Center
Frequently Asked Questions
Sources & Citations
- 1National Consumer Law Center: Broken Records — how errors in criminal background check systems impact consumers and the need for reform. NCLC ↗
- 2Fair Credit Reporting Act Section 611: Consumer dispute rights and 30-day investigation requirement for consumer reporting agencies. FTC ↗
- 3FBI audit finding that approximately 47% of FBI background checks contain incomplete or inaccurate criminal history records. U.S. Department of Justice ↗
We Can Handle This For You
Prevent This From Happening Again
Ongoing monitoring and protection
People Also Asked
Still need help?
Talk to Our Team →