Criminal background checks have become a standard part of modern life. Whether you’re applying for a job, renting an apartment, or seeking professional licensing, chances are someone will run a background check on you. While these checks serve an important public safety function, they’re not infallible. When background check companies make mistakes and attribute someone else’s crime to you, the consequences can follow you for the rest of your life.
Understanding how criminal records differ from other types of negative information, what your rights are under federal law, and how to address errors is essential for anyone who has discovered inaccurate information on their background check report.
Why Criminal Records Are Permanent
Unlike credit issues that automatically disappear from your credit report after seven years, criminal records remain accessible indefinitely. The reason for this distinction is rooted in public policy. Society has a legitimate interest in knowing about certain serious crimes to protect public safety.
Felonies, violent crimes, sexual offenses, and other serious criminal matters stay on the public record permanently. This means that decades after a crime occurred, it can still appear on background checks. While this serves the important purpose of keeping communities informed about potential dangers, it also means that errors on criminal background checks have far more severe and lasting consequences than mistakes on credit reports.
If someone else’s crime appears on your background check due to a mix-up with names, dates of birth, or other identifying information, that false information won’t simply age off your record. It will continue to appear on every background check conducted on you unless you take active legal steps to correct it.
The Timeline for Correcting Background Check Errors
Many people assume that disputing an error with a background check company will quickly resolve the issue. Unfortunately, the reality is often more complicated. When you discover someone else’s criminal record on your background check, the process of correcting it typically involves several steps: filing a formal dispute with the background check company, potentially filing a lawsuit if they fail to correct the error, and ultimately reaching a settlement or obtaining a court verdict.
From start to finish, this process generally takes about eight months. While eight months might seem like a long time, it’s actually relatively quick compared to the alternative. If you don’t address the error, that false criminal record will follow you indefinitely – affecting every job application, housing application, and background check for the rest of your life.
The eight-month timeline reflects the legal process necessary to hold background check companies accountable and ensure the error is permanently corrected. This isn’t just about getting one report fixed; it’s about ensuring the inaccurate information is removed from the source so it doesn’t continue to appear on future background checks.
When Expungements and Sealed Records Still Appear
Some people face a different but equally frustrating situation: they’ve already gone through the legal process of having a record expunged or sealed by a court, yet the information continues to appear on background checks.
When a court expunges a criminal record, it’s essentially erasing it from public view. When a court seals a record, it’s restricting access so the general public cannot see it. Both actions are meant to give individuals a fresh start after they’ve shown rehabilitation or when circumstances warrant removing the information from public access.
If you obtained an expungement or had your record sealed, that should be the end of the matter. The court has made a legal determination that this information should no longer be publicly accessible. However, background check companies sometimes continue to report these sealed or expunged matters anyway.
This isn’t just unfair – it’s actually illegal. The Fair Credit Reporting Act (FCRA) is a federal law that regulates how consumer reporting agencies, including background check companies, collect and report information. When a background check company reports sealed or expunged criminal information, they’re violating the FCRA. You went through the proper legal channels to have your record cleared, and the court agreed with you. A background check company cannot simply ignore that court order and continue reporting information that’s supposed to be sealed from public view.
Understanding Contingency Representation
One of the biggest barriers people face when considering legal action is concern about legal fees. Hiring an attorney can be expensive, and many people who are already facing employment or housing difficulties due to background check errors simply cannot afford to pay hourly legal fees or large upfront retainers.
This is where contingency representation becomes important. When an attorney takes a case on contingency, it means the client pays nothing upfront and nothing out of pocket. The attorney only gets paid if they win the case, typically taking a percentage of whatever settlement or award is obtained. If the case is lost, the client owes nothing for the attorney’s time, costs, or any other expenses related to the case.
For background check error cases, contingency representation makes legal action accessible to everyone, regardless of their financial situation. You don’t need to worry about how you’ll pay for an attorney while you’re simultaneously unable to get a job because of the false information on your record. The contingency model aligns the attorney’s interests with yours: everyone wins together, or the attorney absorbs the loss.
The Impact of False Criminal Records
The consequences of having someone else’s crime on your background check extend far beyond inconvenience. These errors can fundamentally alter the trajectory of your life. Employers routinely conduct background checks and may automatically disqualify applicants with certain types of criminal records. Landlords often refuse to rent to individuals with criminal histories. Professional licensing boards may deny licenses based on criminal records. Financial institutions may refuse services. Educational institutions may deny admission.
Each of these denials represents a lost opportunity – a job you didn’t get, a home you couldn’t rent, a career you couldn’t pursue. And unlike someone who actually committed a crime and must face the legitimate consequences of their actions, you’re being punished for something you didn’t do. The injustice is compounded by the fact that these consequences will continue indefinitely unless you take action.
Taking Action to Clear Your Name
If you’ve discovered someone else’s crime on your background check, taking legal action isn’t just about correcting a mistake – it’s about reclaiming your future. The process begins with filing a formal dispute, which puts the background check company on notice that their report contains inaccurate information. If the company fails to properly investigate and correct the error, filing a lawsuit may be necessary.
Through litigation, it’s possible to force the background check company to permanently remove the false information from your record. This isn’t a temporary fix or a one-time correction. When done properly, legal action ensures that the error is corrected at the source, so you won’t continue to encounter the same problem with future background checks.
Beyond just correcting your record, legal action under the FCRA can also result in damages. When background check companies violate federal law by reporting inaccurate information or failing to follow proper procedures, they can be held financially accountable. This serves both to compensate you for the harm you’ve suffered and to incentivize background check companies to be more careful and accurate in their reporting.
Moving Forward With a Clean Slate
Everyone deserves to be judged on their own merits and their own actions, not held accountable for crimes committed by someone else. If you’re living with a false criminal record, you don’t have to accept it as your permanent reality. Federal law provides protections, and legal remedies are available.
The path to clearing your name may require patience and persistence, but the alternative – carrying someone else’s criminal record for the rest of your life – is simply unacceptable. With the right legal representation working on contingency, you can pursue justice without financial risk and move forward with the clean slate you deserve.
Don’t let an error on a background check report define your future. Take control of your record and your life.
Book a free consultation with Loker Law today at 805-457-9239 or visit www.loker.law to learn more about your rights and options for correcting criminal background check errors.
