You applied for a job you were well-qualified for. The interview went well. Then, days later, you got word the company was “moving in a different direction.” When you finally got a copy of your background check report, you found the real reason: it listed a felony conviction for someone you have never heard of. Someone else’s criminal record was on your background check — and it cost you the job.
This is not as uncommon as it should be. Every year, background check companies report criminal records belonging to the wrong person. The consequences are severe: lost job offers, damaged reputations, and serious financial harm.
Most people do not know that federal law — specifically the Fair Credit Reporting Act (FCRA) — gives you concrete rights when someone else’s criminal record appears on your background check. You can dispute the error. In many cases, you can also sue the background check company that got it wrong. This article explains what causes these errors, what your rights are, and the steps to take to protect yourself.
Why Does Someone Else’s Criminal Record End Up on Your Background Check?
When a criminal record belonging to one person ends up on another person’s background check, attorneys call it a “mixed file.” Background check companies pull data from court databases, county records, and commercial data aggregators, then match that data to the individual being screened. The matching process is where errors happen.
Name-Based Matching Errors
Many screening companies use name and date of birth as their primary identifiers. When two people share a similar name — or even a similar-sounding name — their records can be incorrectly merged. This is one of the most common reasons someone else’s criminal record ends up on your background check.
Unverified Third-Party Databases
Many screening companies rely on third-party criminal record databases rather than pulling records directly from courthouse sources. These databases are often outdated, incomplete, or error-filled — and those errors propagate every time a new vendor licenses the data.
Social Security Number Transpositions
A single transposed digit in a Social Security number can merge two people’s files entirely. One person’s criminal history then appears on the other’s report — a serious error with real consequences.
Common Names and Thin Data
John Williams in Georgia and John Williams in Alabama may have nothing in common. But a background check company working from limited data points may treat their records as one person’s. The result: someone else’s criminal record on your background check, and a job offer pulled for something you never did.
Key legal point: Under the FCRA, background check companies must establish and follow reasonable procedures to ensure maximum possible accuracy. When they fail and an error causes harm, that failure may be a violation of federal law.
Your Rights Under the Fair Credit Reporting Act
The FCRA regulates how consumer reporting agencies — including background check companies — collect, use, and report information about individuals. When someone else’s criminal record appears on your background check, it provides several important protections.
The Right to Know a Background Check Was Used Against You
Before an employer takes adverse action based on a background check — rescinding a job offer, declining to hire you, or terminating employment — the FCRA requires them to give you a copy of the report and a written pre-adverse action notice. This gives you a chance to challenge any inaccurate information before a final decision. If an employer skipped this step, that itself may be a separate FCRA violation.
The Right to Dispute Inaccurate Information
You can file a formal dispute with the background check company challenging information you believe to be inaccurate. The company must conduct a reasonable investigation — generally within 30 days — and correct or remove anything it cannot verify.
The Right to Sue — With Attorney’s Fees Paid by the Other Side
If the background check company violated the FCRA — by failing to use reasonable accuracy procedures, failing to properly investigate your dispute, or reinserting someone else’s criminal record after removing it — you may have a federal lawsuit. Successful FCRA plaintiffs can recover:
- Actual damages, including lost wages and emotional distress
- Statutory damages up to $1,000 per willful violation, even without proving specific monetary harm
- Attorney’s fees paid by the defendant — meaning you typically pay nothing out of pocket unless you recover
Key point: An FCRA claim does not require proof that the background check company acted maliciously. A negligent failure to follow reasonable accuracy procedures is enough. The legal standard is lower than most people assume.
What to Do: A Step-by-Step Action Plan
If someone else’s criminal record is on your background check, the steps you take — and the order you take them — matter both for correcting the error and preserving any legal claim you may have.
Step 1: Get a Copy of the Report
If an employer used the background check to take adverse action, they were legally required to give you a copy. If you did not receive one, request it from both the employer and the background check company. You are entitled to this document.
Step 2: Document Everything Immediately
Save every communication from the employer — emails, letters, voicemails. Note the exact date of the adverse decision, the date you received the report, and the name of the background check company. This documentation is the foundation of any legal claim.
Step 3: Contact an FCRA Attorney Before You File a Dispute
This step surprises many people — but it matters. Once you file a dispute, the legal landscape shifts in ways that can affect the strength and timing of a potential lawsuit. An FCRA attorney can assess whether you already have a viable claim and advise on the most effective next steps. Weiner & Sand offers free consultations and handles cases involving someone else’s criminal record on a background check on contingency.
Step 4: If You File a Dispute, Do It in Writing
Send a written dispute letter to the background check company by certified mail with return receipt. State your full name, date of birth, and Social Security number. Specify which records do not belong to you and attach supporting documentation such as a copy of your ID. Keep copies of everything you send.
Step 5: Track the Investigation Deadline
The background check company generally has 30 days from receipt of your dispute to investigate and respond in writing. Mark that deadline and follow up if you hear nothing.
Step 6: If the Error Persists, Contact an Attorney Immediately
If the company fails to investigate, fails to remove someone else’s criminal record from your background check, sends an inadequate response, or reinserts the error after removing it — you have likely experienced additional FCRA violations. At this point, a lawsuit is often the most effective remedy.
Important: Do not assume your legal claim disappears once the error is corrected. You may still have a claim for the harm caused before correction — including the job you lost while someone else’s criminal record was in your report. The FCRA statute of limitations is generally two years from the date you discovered the violation.
What If the Employer Already Rescinded the Job Offer?
Many people who contact us think it is too late because the employer has already made a final decision. This is a common misconception.
Losing the job offer does not extinguish your FCRA claim — it often strengthens it. A rescinded offer is concrete evidence of actual harm, the clearest foundation for a damages claim. Courts have awarded significant compensation to plaintiffs in exactly this situation.
If you discovered someone else’s criminal record on your background check within the past two years, you likely still have a viable claim. Even if you have since found other work, the harm the incorrect report caused — lost wages during the gap, emotional distress, damage to your professional reputation — may still be recoverable.
Who Can Be Held Responsible?
Depending on the facts, one or more parties may bear legal responsibility under the FCRA when someone else’s criminal record ends up on your background check.
The Background Check Company
Companies like Checkr, Sterling, First Advantage, HireRight, and Accurate Background are consumer reporting agencies subject to FCRA obligations. If they failed to use reasonable accuracy procedures or failed to properly investigate your dispute, they may be liable.
The Employer
If the employer failed to provide a required pre-adverse action notice, failed to give you a copy of the report before acting, or otherwise violated the FCRA’s procedural requirements, they may bear independent liability as well.
Weiner & Sand has litigated cases against nearly every major background check company in the country. Our attorneys spent years representing these companies before shifting to represent injured individuals — which means we understand the defenses they raise and how to counter them.
If someone else’s criminal record is showing up on your background check — whether you have already lost a job offer or want to get ahead of a potential problem — contact Weiner & Sand today. The consultation is free, and we handle FCRA cases on contingency: you pay nothing unless we recover for you. Call (404) 254-0842 or visit wsjustice.com.
Frequently Asked Questions
What causes someone else’s criminal record to appear on my background check?
This typically results from a “mixed file” — when a background check company uses too few data points to distinguish between individuals. People who share similar names or dates of birth are especially at risk. The result is that one person’s criminal history, address history, or other records end up in someone else’s file.
How do I get a copy of my background check report?
If an employer took adverse action based on your background check, they were required to give you a copy. You can also request one directly from the background check company. Under the FCRA, you are entitled to a free copy following adverse action, or upon request at any time. The company’s contact information should appear in any adverse action notice you received from the employer.
Can I still dispute the error after my job offer was rescinded?
Yes. You can dispute someone else’s criminal record on your background check at any time, regardless of whether an adverse employment decision has already occurred. You also retain the right to bring a legal claim for the harm the error caused, even after it is corrected. The FCRA statute of limitations is generally two years from the date you discovered the violation.
How long does a background check company have to investigate my dispute?
Under the FCRA, the company generally has 30 days from receipt of your dispute to complete its investigation and notify you of the results. In limited circumstances this extends to 45 days. Failure to respond within this window — or failure to conduct a reasonable investigation — may be an additional FCRA violation.
Does it cost money to hire an FCRA attorney?
At Weiner & Sand, we handle cases involving someone else’s criminal record on a background check on a contingency fee basis — you pay no attorney’s fees unless we recover for you. In successful FCRA litigation, the law also requires the defendant to pay the plaintiff’s attorney’s fees. In most cases, pursuing your claim costs nothing out of pocket.
What damages can I recover in an FCRA lawsuit?
Under the FCRA, you may recover actual damages (lost wages, lost job opportunities, and emotional distress), statutory damages up to $1,000 per willful violation even without proving specific monetary harm, punitive damages in egregious cases, and attorney’s fees and costs paid by the defendant. The specific recovery depends on the facts of your situation.
Weiner & Sand LLC is an Atlanta-based law firm representing individuals in Fair Credit Reporting Act, employment background check, and consumer rights cases nationwide. This article is provided for informational purposes only and does not constitute legal advice. Contact us to discuss the specific facts of your situation.