Inaccurate Information On Background Check
How Inaccurate Information Appears On Consumer Background Checks
Reporting inaccurate or outdated information on an employment or housing background check is a common screening error. This often occurs when a criminal case is updated by the court, but the background check agency fails to reflect the changes.
As a result, a closed case may still appear as pending, or if a charge was reduced, the report may incorrectly display the original charge and severity. Background check agencies are legally required to provide the most up-to-date court information to prospective employers. If they fail to update reported information, consumers have the right to sue for compensation.
How to Know If Your Background Check Is Inaccurate
You may be dealing with an FCRA violation if:
A dismissed, reduced, or sealed charge still shows up as active or pending.
The charge is listed with the wrong degree or severity (e.g., felony instead of misdemeanor).
The case outcome is incomplete or missing (e.g., no mention that you were found not guilty).
The same case appears multiple times or with inconsistent information.
These are signs that the background check agency failed to match your report to the current court record, and that you may have a claim under the FCRA.
What You Need to Dispute or Sue False Reporting
To take legal action or initiate a dispute, you should gather:
A copy of the background check report showing the inaccurate or outdated info.
Court documents that show the correct status or outcome of the case.
Any communications from employers or landlords, especially if you were denied an opportunity.
Proof of identity, and a timeline of events: application date, denial, and when you discovered the error.
Before disputing, speak with an FCRA attorney. In many cases, especially when the error is clear and harmful, you may be able to sue without filing a dispute first.
What Compensation Can You Get for an Inaccurate Background Report?
If a background check agency like Checkr reported inaccurate or outdated case information, you may be entitled to:
Actual damages: Lost job or income, denied housing, financial losses
Emotional distress: Anxiety, stress, or damage to your reputation
Statutory damages: Up to $1,000 per violation, even without proving financial loss
Punitive damages: In cases of reckless or willful conduct
Attorney’s fees and costs: Paid by the background check company if you win
You don’t have to pay out of pocket to pursue justice. Our attorneys work on contingency - we only get paid if you win.
