How to Correct a Background Check Mistake that Cost You a Job

You aced the interviews, connected with the team, and finally received that hopeful call, the job offer is yours, contingent on a background check. 

Then, silence. 

The rejection email arrives, citing something on your report. The shock and confusion are profound, especially when you know the information is wrong. 

A mistake on a background check isn’t just a clerical error; it’s a door slammed shut on a future you earned. The emotional and financial toll can be significant, from lost income and benefits to a blow to your professional confidence. 

But please know this: 

You have powerful rights under the Fair Credit Reporting Act (FCRA), and a clear, though often challenging, path to correct the record and seek justice.

Background screening companies are required by law to ensure the information they report is accurate and up-to-date. When they fail, and that failure costs you a job, the FCRA provides a framework to dispute the error and recover damages for the harm caused. Taking action requires a calm, systematic approach to overturn the mistake and reclaim your professional trajectory.

If a background check error costs you a job, here are the essential steps to take:

1. Get Your Report and the Adverse Action Notice. 
   
   1. The employer is legally obligated to provide you with a copy of the background check that influenced their decision and a description of your FCRA rights. This is your starting point. Scrutinize the report for every inaccuracy, from incorrect criminal records to misreported employment dates or educational credentials.
2. Dispute the Error with the Screening Company. 
   
   1. You must file a formal dispute directly with the agency that generated the report. Do this in writing via certified mail. Clearly identify each mistake, explain why it is incorrect, and include any proof you have, such as court documents showing a case was dismissed or sealed, or official transcripts verifying your degree.
3. Notify the Employer. 
   
   1. Politely and professionally inform the hiring manager or HR department that the report contains material inaccuracies and that you have initiated a formal dispute. In some cases, they may be willing to pause their decision pending the outcome of the investigation.
4. Allow for the Investigation. 
   
   1. The CRA typically has 30 days to reinvestigate your claim. They must forward your evidence to the source of the information (like a courthouse or previous employer) for verification. If the information cannot be verified, it must be deleted from your file, and the CRA must provide you and the employer with a corrected report.
5. Escalate if Necessary. 
   
   1. If the CRA fails to correct the error, your next step is to file a complaint. Since you suffered a tangible harm, the loss of a job offer, you likely have a strong case to pursue legal action to recover damages.

The FCRA recognizes the severe impact of these errors. If you can prove the mistake directly led to a lost job opportunity, you may be entitled to compensation for:

• Lost wages and benefits you would have earned.
• Damages for the resulting emotional distress and damage to your reputation.
• Attorney’s fees and court costs.

Correcting this error is about more than just fixing a file; it’s about restoring your rightful professional path. At Mistake, we’re here to help you correct errors, rectify your reputation, and move forward with confidence.