Mistaken Identity On Background Check
When Someone Else’s Criminal Record Appears on Your Background Check
Mixing consumer data and wrongly attributing criminal records is a common error job seekers face during employment screening. Background reporting agencies lack direct access to court databases or official documents, forcing them to buy information online. This often leads to mixed records due to missing key identifiers like Social Security numbers, driver’s license numbers, or even dates of birth.
As a result, your background check may include criminal charges, traffic offenses, or convictions that actually belong to someone else.
How to Tell if You’re a Victim of a Background Check Mixed File
You may be experiencing a mixed file if:
The report includes charges or convictions you've never had.
There are aliases, addresses, or employers that don’t belong to you.
Your name is similar to or identical to someone with a criminal record.
Your background check includes duplicate entries or inconsistent details.
If you were denied a job based on this report, request a copy from the employer or directly from the background check company to confirm the errors.
What You Need to Dispute or Sue for a Mixed File
Before taking legal action or submitting a formal dispute, gather:
A copy of the background check with the incorrect information.
Proof of your identity and a clean record (ID, court documents).
Any communications from employers, including denial letters.
A timeline of events: when you applied, when you were denied, and when you discovered the error.
Note: In clear-cut mixed-file cases, you may not need to file a dispute before suing.
Compensation You May Be Entitled To
If Checkr or any background check agency reported someone else’s criminal history as yours, you may be eligible for compensation, including:
Actual damages – for lost income, job offers, or housing
Emotional distress – anxiety, embarrassment, or damage to reputation
Statutory damages – up to $1,000 per violation under the FCRA
Punitive damages – if the violation was willful or reckless
Attorney’s fees – covered by the background check company if you win
You don’t have to go through this alone. If your report includes someone else’s record, we’ll help you correct it and hold the reporting agency accountable. Contact us today for a free legal review.
