Fair Credit Reporting Act (FCRA)

Background Check Errors

At AJG Law Group, PC, we help consumers protect their rights when inaccurate or misleading background check reports affect their employment, housing, or insurance opportunities. Background check errors are more common than most people realize, and they can have serious consequences for your career, housing prospects, and financial future.

Common Background Check Errors

Background check errors arise across a range of contexts. The following are among the most frequently reported types of errors that may entitle consumers to legal relief:

Employment Background Checks

Inaccurate or outdated information — including dismissed or expunged charges, misclassified offenses, minor infractions reported as serious crimes, or mixed files in which another person’s record is associated with your name — can unjustly disqualify you from employment opportunities for which you are otherwise qualified.

Inaccurate Criminal Records

Incorrect or outdated criminal history information can severely harm your employment and housing applications. You have the right to have your record accurately reported, including the proper reflection of dismissals, acquittals, expungements, and other favorable outcomes.

Incomplete Records

Missing information — such as the failure to reflect an expungement, a case dismissal, or a recent record update — can result in an inaccurate and unfair representation of your history. Incomplete reporting may be just as harmful as outright inaccuracies.

Incorrect Employment History

Errors in the reporting of your past employment, including incorrect dates, job titles, or termination information, can lead to misunderstandings, lost opportunities, or adverse hiring decisions.

Insurance Background Checks

Errors in driving records, claims history, or other information used in insurance underwriting can result in higher premiums, reduced coverage, or wrongful denial of a policy.

Outdated Information

Federal and California law impose limits on how long certain information may be reported. When outdated or legally time-barred records continue to appear on a background check, it may constitute a violation of applicable consumer protection laws.

Tenant Screening and Housing Checks

Incorrect criminal records, misreported evictions, inaccurate rental history, or erroneous financial information can result in the wrongful denial of housing. Tenants and applicants have the right to accurate reporting and the opportunity to dispute errors before an adverse decision is finalized.

Even minor mistakes — a clerical error, an outdated record, or an improperly reported incident — can unfairly limit your opportunities. The law provides meaningful remedies when background check companies and those who rely on their reports fail to meet their legal obligations.

Consumer Protections Under the FCRA and CCRAA

The Fair Credit Reporting Act (FCRA) and the California Consumer Credit Reporting Agencies Act (CCRAA) establish significant legal protections for consumers who are subject to background checks. These protections include:

• Background check companies must follow reasonable procedures to ensure the maximum possible accuracy of the information they report.
• You have the right to dispute any inaccurate, incomplete, or outdated information and to have it corrected or removed following a proper investigation.
• Employers, landlords, and insurers are required to provide you with advance notice before taking any adverse action based on the contents of a background report, along with a copy of the report and a summary of your rights.
• Violations of the FCRA and CCRAA may entitle you to recover actual damages, lost wages, compensation for emotional distress, statutory penalties, and attorney fees paid by the defendant.

At AJG Law Group, PC, we pursue every available remedy on behalf of consumers harmed by inaccurate background reports — correcting the record, pursuing compensation, and holding background check companies and reporting users accountable under the law.

If you have been denied employment, housing, or insurance because of a background check error, contact AJG Law Group, PC today to schedule a free consultation.