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Has a Background Check Error Denied You a Job?

If you have been denied employment, fired, or passed over for a promotion because of incorrect information on a background check, you have legal rights — and Justice Consumer Law is here to enforce them. Our consumer protection attorneys represent workers throughout Illinois who have been harmed by inaccurate employment screenings, and we fight to correct the record and hold responsible parties accountable.

Background check errors are far more common than most people realize. Whether the mistake is a wrongful criminal record, a mixed file from someone with a similar name, or outdated information that should no longer appear, these errors can devastate your career and livelihood. You should not have to pay the price for someone else’s mistake.

How Background Check Errors Happen

Many employers in Illinois rely on criminal background checks and credit reports to screen job applicants. While this practice is widely used, the process is prone to error — particularly for individuals with common names. A background check company may attach another person’s criminal record to your file, report outdated convictions that should have been expunged, or flag incidents that were dismissed or never resulted in a conviction.

Such errors can seriously damage your job prospects. You may be wrongfully listed as having a criminal record even though you have never been arrested. It is essential to correct any inaccuracies as soon as they appear or are brought to your attention.

Common types of background check errors include:

• Criminal records belonging to someone else with a similar name
• Convictions that were expunged, sealed, or pardoned
• Charges that were dismissed or never resulted in a conviction
• Outdated information beyond the legally reportable time period
• Incorrect personal information such as wrong date of birth or Social Security Number
• Mixed files combining your records with another person’s

Employer Obligations Under the Law

Employers cannot run a background check on a current or prospective employee without first obtaining written permission. You should always be informed when a background check is being conducted in connection with your employment.

If your employer or prospective employer decides to deny you a job, terminate your employment, or take any other adverse action based on information obtained from a background check, they are legally required to:

• Provide you with a “pre-adverse action” disclosure along with a copy of the background check report
• Give you a reasonable opportunity to review the report and respond before any action is taken
• Issue an “adverse action” notice after taking action against you

Important: If these legal requirements are not followed, you may have grounds to file a lawsuit against your employer under the Fair Credit Reporting Act (FCRA). Our attorneys can evaluate your situation and advise you on your options during a free consultation.

How to Dispute Background Check Errors

Because background check companies are governed by the FCRA, you have the right to dispute any information in your report that is inaccurate or incomplete. If a background check company does not comply with your reasonable request to correct the information, you can bring a lawsuit against them.

To dispute errors on your background check:

• Write a detailed letter explaining specifically why each piece of information is incorrect
• Send the letter to the background check company, along with any supporting documentation you have
• Always send by certified mail or fax — and keep hard copies of all correspondence
• Retain copies of everything, including postage receipts and confirmation of delivery
• Consult with an experienced consumer law attorney to protect your rights throughout the process

Your Rights Under the Fair Credit Reporting Act (FCRA)

The FCRA provides important protections for consumers who have been harmed by inaccurate background check reports. Under this federal law, you have the right to:

• Know when a background check was used to take adverse action against you
• Request a free copy of your background check report
• Dispute inaccurate or incomplete information
• Seek damages from background check companies and employers who violate the FCRA

Potential remedies include actual damages, statutory damages, punitive damages, and attorneys’ fees — meaning you may be able to pursue your case with no out-of-pocket cost.

Let Justice Consumer Law Fight for You

If you believe your rights have been violated because of an error in a background check, the attorneys at Justice Consumer Law are ready to help. We represent clients throughout Illinois and can advise you on your legal options during a free, no-obligation case evaluation. There is no fee unless we win your case.