A background check or tenant screening report got it wrong

Background check and tenant screening companies are consumer reporting agencies under the FCRA. They have the same duties as the big three credit bureaus to be accurate and to investigate disputes, and employers who use them have extra duties of their own.

Errors that come up again and again

Someone else's criminal record. Often a person with a similar name. The CFPB has warned that matching records on name alone isn't a reasonable procedure.
Sealed or expunged records. Records a court has sealed or expunged shouldn't show up.
Eviction filings that were dismissed or won. Reported as if you lost, or with no outcome shown.
Old arrests. Arrest records and other non-conviction information generally can't be reported after 7 years, with an exception for jobs paying $75,000 or more. Convictions aren't subject to that limit. (§ 1681c)
Duplicate entries. One case reported several times, making a record look worse than it is.

What employers have to do

Tell you first, in a stand-alone document. A clear written disclosure that a background report may be obtained, not buried in an application. (§ 1681b(b)(2))
Get your written permission.
Before rejecting you, give you a copy of the report and a summary of your rights, so you have a chance to point out errors. (§ 1681b(b)(3))
After rejecting you, send an adverse action notice naming the screening company and explaining your right to dispute. (§ 1681m)

Landlords that deny an application based on a screening report also have to send an adverse action notice identifying the company that supplied it.

How to fix it

Get the report. You're entitled to a copy from the screening company that supplied it. The adverse action notice should name it.
Dispute directly with that company, in writing. Include court records showing the correct outcome, or proof of identity showing the record isn't yours.
Tell the employer or landlord right away that you're disputing, and ask them to hold the decision.
If it's not fixed, file a CFPB complaint and talk to an attorney. Lost jobs and housing are the kind of harm the FCRA's damages provisions were written for.

Three ways to get this fixed

Everything on this site you can do yourself, for free. If you'd rather have help, pick the path that fits.

Have it handled for you

BCR Consulting prepares and sends disputes on your behalf and tracks every deadline.

See BCR Consulting

Do it yourself, with software

The Deletion Machine walks you through disputes step by step and keeps your paper trail organized.

See The Deletion Machine

Talk to a consumer attorney

If a violation cost you a loan, a job, or an apartment, or it keeps happening, a consumer attorney can tell you what the claim is worth.

Find an attorney (NACA)