Background Check Issues

Our Practice Areas

Navigating background check Issues: What you need to know

Employers and landlords rely on background checks when choosing whether to hire you or rent you a home. But several common background check issues can hurt you.

Let’s walk through some common background check issues. If any of these have happened to you, contact us below for a free consultation.

Inaccurate or misleading information

False, misleading or incomplete information in a background check can prevent you from getting the job or home you want. Some common errors on background checks include:

  • Misdemeanor convictions being reported as felonies. This makes it look like your offense was more serious than it was.
  • Criminal cases being reported without a final status. This makes a case look like it’s still pending.
  • Plea deals not being adequately reported. This makes a criminal sentence look more serious than it was.
  • The same criminal case being reported multiple times. This makes it look like you committed several offenses instead of one.
  • A criminal offense that doesn’t even belong to you appearing on your report. This is particularly prevalent in sex offender registry records.

The Fair Credit Reporting Act (FCRA) requires entities who run background checks to conduct a reasonable investigation if you dispute information in your background check. If you find inaccurate information in your latest background check, you could pursue a claim under FCRA.

Background check conducted without permission

Under the FCRA, background checks can only be conducted with written permission and prior notice. If an employer or landlord ran a background check on you without asking or telling you, it could be legally actionable.

Adverse action based on background check

Employers and landlords can take unfavorable actions against you based on information in your background check.

FCRA requires employers to give notice and provide a copy of your background check before not hiring you or denying a promotion. Landlords must give notice and disclose the credit reporting agency that supplied the background check.

If you believe an employer or landlord has acted against you based on your background check but didn’t comply with FCRA, you might have a legal claim.

How can we help you with background check issues?

Our attorneys at Kelly Guzzo, PLC, have successfully litigated many individual and class-action FCRA-related cases. We’ve brought claims against employers, landlords and consumer reporting agencies that failed to comply with disclosure, adverse action and investigation requirements.

If you believe you’ve suffered one of these background check issues, we’ll meet with you at no charge to figure out next steps.

Honest and straightforward

Andrew helped me on a particularly difficult, complex employment background check case over the course of a year. A great lawyer, great work, honest and straightforward, he made everything easy [and was] well worth the cost. Really pleased with the outcome of the case. Throughout the case Andrew clearly explained my options, what would be the best course of action and what to expect. Everything was communicated in a straightforward manner. ~ Kirk

Contact us below for a free case evaluation.