You landed the interview, aced the questions, and received a promising job offer. Everything seems to be falling into place until you get an unexpected call—the offer is rescinded. The reason? Something on your background check. You see the report and your heart sinks. It lists a criminal conviction you’ve never had, or it confuses you with someone else who has a similar name. Suddenly, an opportunity is lost because of an error that isn’t your fault.
This scenario is more than just frustrating; for many, it’s a devastating reality. Errors on background checks are surprisingly common, and they can prevent you from securing a job, renting an apartment, or even obtaining a professional license. These aren’t just minor clerical mistakes. When a screening company reports inaccurate information that harms you, it may be a violation of federal law.
If you’ve been victimized by a faulty background check, it’s important to understand that you have rights. Raburn Kaufman is a law firm with extensive experience in Fair Credit Reporting Act (FCRA) litigation. We help people just like you hold screening companies accountable and fight back against the damage caused by these errors.
What Counts as a Faulty Background Check?
Under the FCRA, consumer reporting agencies—including the companies that compile background checks—are required to follow reasonable procedures to ensure the information they report is as accurate as possible. When they fail, the consequences can be severe. Common background check errors include:
- False Criminal Records: The report incorrectly states you have a criminal history, listing charges or convictions that belong to someone else or that never happened.
- Outdated or Expunged Charges: Sealed, dismissed, or expunged records can illegally reappear on background checks, haunting you long after they should have been cleared.
- Mismatched Identity Information: This happens when your report is mixed with another person’s file, often due to a similar name, date of birth, or Social Security Number. You end up being blamed for someone else’s history.
- Inaccurate or Duplicate Entries: The report might show duplicate convictions, list incorrect dates, or misclassify the severity of an offense, making your record appear worse than it is. It could also contain inaccurate employment or address history.
- Errors from Third-Party Screening Companies: Many employers and landlords use screening services like RealPage, Checkr, or HireRight. These companies are responsible for the accuracy of their reports and can be held liable for their mistakes.
Why These Errors Have a Serious Impact
The damage from a faulty background check extends far beyond the initial disappointment. The repercussions can be life-altering and create a ripple effect of negative consequences.
- Denial of Essential Opportunities: The most immediate impact is often the loss of a job, housing application, or professional license. These denials can destabilize your financial security and derail your career goals.
- Damage to Your Reputation: Being falsely labeled as having a criminal record can cause significant harm to your personal and professional reputation. It can lead to feelings of shame and embarrassment, even when you’ve done nothing wrong.
- Emotional and Financial Distress: The stress of fighting a faceless bureaucracy while dealing with the financial fallout can be overwhelming. Many people experience anxiety, frustration, and a sense of helplessness as they try to correct the record and recover from lost opportunities.
When a background check error costs you a job or an apartment, it’s not a simple inconvenience. It’s a violation of federal law that can have lasting financial and emotional consequences.
Your Rights Under the Fair Credit Reporting Act (FCRA)
The FCRA is a powerful federal law designed to protect consumers from the harm caused by inaccurate information in credit and background reports. It places strict obligations on consumer reporting agencies.
- Maximum Possible Accuracy : The FCRA mandates that agencies must follow “reasonable procedures to assure maximum possible accuracy” of the information in their reports. This means they can’t simply pull data from unreliable sources without verifying it.
- Right to Damages: If you are harmed by an agency’s failure to comply with the FCRA, you may be entitled to sue for damages. This can include actual damages, such as lost wages and emotional distress, as well as punitive damages and attorney’s fees.
Many people believe their only option is to dispute the error with the screening company. While disputing is an important step, it often isn’t enough. If the agency fails to correct the mistake or if you’ve already suffered harm, legal action may be necessary to fully enforce your rights.
How Raburn Kaufman Can Help
Navigating the complexities of the FCRA on your own can feel impossible, especially when you’re already dealing with the stress of a denied opportunity. The attorneys at Raburn Kaufman have the experience to fight for you.
- Deep Experience in FCRA Litigation: Our firm focuses on consumer protection law, and we have a proven track record of litigating and winning cases against background screening companies for violations of the FCRA.
- Proven Results: We have successfully handled numerous cases involving false criminal records, mixed-up identities, and other serious background check errors. We know the tactics these companies use, and we know how to hold them accountable.
- No Upfront Cost to You: We handle background check error cases on a contingency fee basis. This means you pay no upfront fees, and we only get paid if we win your case.
- Free, Confidential Consultation: We offer free consultations to help you understand your legal options. Our team will review your background report and explain how we may be able to help you seek justice..
Take Action to Protect Your Rights
If you have been denied a job, housing, or another opportunity because of an error on your background check, you don’t have to accept it. The law is on your side, and you have the right to fight back.
Contact Raburn Kaufman for a free, confidential case review. Let our experienced attorneys assess your situation, explain your legal options, and help you take the first step toward clearing your name and recovering the compensation you deserve.
