How to Dispute a Background Check Error (2026 Guide)

The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is the federal law that governs background checks and gives you powerful rights:

Right to be informed. When an employer runs a background check, they must: give you written notice that a background check will be conducted, get your written consent before running the check, and provide you with a copy of the report and a 'Summary of Your Rights Under the FCRA' if they plan to take adverse action (reject you) based on the results.

Right to a free copy. You are entitled to a free copy of your background check report whenever: an adverse action is taken based on the report (you are denied a job, housing, etc.), you request it from the CRA within 60 days of an adverse action, or once every 12 months from each CRA.

Right to dispute errors. If your report contains inaccurate information, you can dispute it directly with the CRA. The CRA must investigate within 30 days. If the information cannot be verified, it must be removed. You can also dispute directly with the source of the information (court, employer, etc.).

Right to sue. If a CRA or employer violates the FCRA, you can sue for: actual damages (lost wages, emotional distress), statutory damages of $100-$1,000 per violation (for willful violations), punitive damages, and attorney's fees and costs.

Right to have outdated info excluded. For employment background checks, the FCRA prohibits reporting: arrests that did not result in conviction if older than 7 years, civil judgments older than 7 years, tax liens older than 7 years, and bankruptcies older than 10 years. Convictions can be reported indefinitely under federal law, but some states limit this to 7 years.

You need to see what is on your background check before you can dispute it. Here are the ways to get a free copy:

1. After an adverse action. If an employer (or landlord, insurer, etc.) takes adverse action based on your background check, they must provide you with: the name and contact information of the CRA that produced the report, a notice that the CRA did not make the adverse decision, and your right to get a free copy of the report and dispute it. Contact the CRA listed in the adverse action notice and request your report.

2. Request directly from the CRA. Under the FCRA, you are entitled to one free report per year from each CRA that maintains a file on you. Contact the CRA (Checkr, Sterling, HireRight, etc.) and request your consumer file. Many have online portals for this.

3. Run your own background check. Several services allow you to run a background check on yourself: the National Association of Professional Background Screeners (NAPBS) maintains a list of CRAs. You can also get your FBI Identity History Summary (rap sheet) by submitting fingerprints to the FBI through an approved channeler. The FBI check costs about $18 and gives you your complete federal criminal record.

4. State repositories. Every state has a criminal record repository (usually the State Bureau of Investigation or State Police). You can request your own state criminal record, often for free or a small fee ($10-$30).

Tip: Request reports from multiple sources. An error in one database may not exist in another. Check both the CRA report and the original court records.

Follow these steps to dispute an error on your background check:

Step 1: Get your report. Request a copy of the background check report from the CRA that produced it. Review every item carefully.

Step 2: Identify the errors. Note exactly what is wrong -- wrong name, wrong charge, wrong disposition, case that should not appear, etc. Be specific.

Step 3: Gather documentation. Collect evidence that proves the error: certified court documents showing the correct disposition (dismissal order, expungement order, acquittal), government-issued ID proving your identity (to show it is not your record), official court records showing the correct charges or dates. The stronger your documentation, the faster the dispute resolves.

Step 4: Write a dispute letter. Send a written dispute to the CRA by certified mail (return receipt requested). Include: your full name, date of birth, and Social Security Number, a clear description of each error, copies (not originals) of supporting documentation, a request that the CRA investigate and correct the errors, and a statement that you are exercising your rights under 15 U.S.C. 1681i.

Step 5: Send the letter. Mail to the CRA's dispute address (found on the report or CRA website). Keep copies of everything. The certified mail receipt proves the date the CRA received your dispute.

Step 6: Wait for the investigation. The CRA has 30 days (or 45 days if you provide additional information during the investigation) to investigate and respond. During this time, the CRA must contact the source of the information and verify its accuracy.

Step 7: Review the results. The CRA must send you the results of the investigation in writing, including a corrected report if changes were made. If the error is fixed, request that the corrected report be sent to anyone who received the inaccurate report in the past 2 years (for employment purposes).

[Your Name] [Your Address] [City, State, ZIP] [Date]

[CRA Name] [CRA Address]

Re: Dispute of Inaccurate Information -- FCRA 15 U.S.C. 1681i

Dear Consumer Relations Department:

I am writing to dispute inaccurate information on my background check report. I request that you investigate and correct the following errors pursuant to the Fair Credit Reporting Act, 15 U.S.C. 1681i.

My identifying information: - Full Name: [Your Full Legal Name] - Date of Birth: [Your DOB] - Social Security Number: [Your SSN] - Current Address: [Your Address]

Disputed item(s):

1. [Describe the specific error -- e.g., 'Case #12345 in [County] County, [State] is listed as a felony conviction. This case was dismissed on [date]. I have attached a certified copy of the dismissal order from the court.']

2. [If additional errors, describe each one with supporting documentation.]

Enclosed documentation: - [List each document you are enclosing -- e.g., 'Certified copy of dismissal order dated [date]'] - [Copy of government-issued photo ID]

I request that you: 1. Investigate these items within the 30-day period required by the FCRA. 2. Correct or delete the inaccurate information. 3. Send me an updated copy of my report reflecting the corrections. 4. Notify any party that received my report in the past 2 years of the corrections.

Please send all correspondence regarding this dispute to the address above.

Sincerely, [Your Signature] [Your Printed Name]

Enclosures: [List all attached documents]

Under the FCRA, Consumer Reporting Agencies have specific legal obligations when they receive your dispute:

30-day investigation deadline. The CRA must complete its investigation within 30 days of receiving your dispute. If you provide additional information during the investigation, the deadline extends to 45 days. This deadline is legally enforceable -- missing it is an FCRA violation.

Contact the source. The CRA must contact the original source of the disputed information (the court, law enforcement agency, etc.) and ask them to verify the accuracy. The CRA cannot simply re-check its own database.

Review your documentation. The CRA must consider all documentation and evidence you submitted with your dispute.

Correct or delete unverifiable information. If the source cannot verify the information, or if the information is found to be inaccurate, the CRA must correct or delete it. The CRA cannot continue to report information that cannot be verified.

Send you written results. The CRA must notify you of the results in writing within 5 business days of completing the investigation. This must include: the specific results of the investigation, a statement that you can request the CRA send notices of the correction to anyone who received the report, an updated copy of your report if changes were made, and a notice of your right to add a statement to your file.

Provide a free updated report. If the investigation results in any changes to your report, the CRA must give you an updated copy at no charge.

What if the CRA says the info is accurate? You can add a 100-word statement to your file explaining your side. You can also escalate (see 'What to Do If Your Dispute Is Denied').

Here is a realistic timeline for the dispute process:

Day 1: You send your dispute letter by certified mail.

Days 3-7: The CRA receives your letter. The 30-day clock starts on the date they receive it (your certified mail receipt proves this date).

Days 7-14: The CRA opens an investigation. They contact the court or data source to verify the disputed information.

Days 14-25: The source responds (or does not respond) to the CRA's verification request.

Days 25-30: The CRA completes its investigation and prepares the results.

Days 30-35: You receive the results in writing. If corrections were made, an updated report is included.

Total typical timeline: 4-6 weeks from sending the letter to receiving results.

If the dispute is successful: The corrected report is available immediately. You can request it be sent to recent recipients.

If the dispute is unsuccessful: You can escalate within the next 1-2 weeks (file CFPB complaint, add statement to file, consult attorney).

Fastest resolution: Some CRAs, especially Checkr, have online dispute portals that can resolve simple errors (wrong person, expunged records) in 5-15 business days.

Slowest resolution: Complex disputes involving multiple jurisdictions, older records, or CRAs that drag their feet can take 60-90 days when including escalation steps.

If the CRA says the information is accurate and you disagree, you have several options:

1. Add a statement to your file. You have the right to add a brief statement (up to 100 words) to your background check file explaining the dispute. This statement must be included in all future reports. While this does not remove the disputed information, it provides your side of the story to future employers or landlords.

2. File a complaint with the CFPB. The Consumer Financial Protection Bureau (consumerfinance.gov/complaint) handles complaints about background check companies. Filing a CFPB complaint often gets results because CRAs take federal regulatory complaints seriously. Include copies of your dispute and documentation.

3. File a complaint with the FTC. The Federal Trade Commission (reportfraud.ftc.gov) also handles FCRA complaints. While the FTC does not resolve individual disputes, patterns of complaints lead to enforcement actions against CRAs.

4. Dispute directly with the source. Contact the court or law enforcement agency that is the source of the inaccurate information. Ask them to correct their records. Once the source corrects the information, the CRA should update on the next cycle.

5. Consult an FCRA attorney. If the error is causing real harm (lost job, denied housing), an FCRA attorney can: send a stronger legal demand to the CRA, file a lawsuit for FCRA violations, recover damages (lost wages, emotional distress, statutory damages of $100-$1,000, attorney's fees). Many FCRA attorneys work on contingency (no upfront cost -- they get paid from the settlement).

6. Contact your state attorney general. Many states have consumer protection laws that supplement the FCRA. Your state AG's consumer protection division can investigate CRA practices.

If a CRA or employer violates the FCRA, you can sue. Here is what you need to know:

Common FCRA violations: CRA fails to investigate your dispute within 30 days. CRA fails to correct verified errors. CRA reports expunged or sealed records. CRA reports information belonging to a different person after being notified. Employer runs a background check without your consent. Employer fails to provide the required adverse action notice. CRA reports information beyond the allowable time periods.

Damages you can recover: Actual damages -- lost wages from a job you did not get, emotional distress, out-of-pocket costs. Statutory damages -- $100 to $1,000 per violation for willful violations (no need to prove actual harm). Punitive damages -- additional damages to punish especially egregious conduct. Attorney's fees and court costs -- the CRA pays your lawyer if you win.

Real-world verdicts and settlements: FCRA cases have resulted in significant awards. In Ramirez v. TransUnion (2021), the U.S. Supreme Court upheld a $40 million class action verdict. Individual FCRA cases routinely settle for $5,000-$50,000. Cases with clear willful violations (CRA ignores repeated disputes) can result in larger awards.

Finding an FCRA attorney: The National Association of Consumer Advocates (consumeradvocates.org) maintains a directory. Search for 'FCRA attorney' or 'background check lawyer' in your state. Many work on contingency -- they do not charge upfront fees and take a percentage of the recovery.

Statute of limitations: You must file an FCRA lawsuit within 2 years of discovering the violation or 5 years after the violation occurred, whichever is earlier.

Here are the largest consumer reporting agencies (CRAs) that conduct background checks and how to file disputes with each:

Checkr. Used by Uber, Lyft, DoorDash, Instacart, and many tech companies. Online dispute portal at candidate.checkr.com. Typically the fastest to resolve disputes (5-15 business days). Phone: 844-824-3257.

Sterling. One of the largest CRAs. Used by healthcare systems, financial institutions, and large corporations. Candidate support: 800-899-2272. Submit disputes through their candidate support portal or in writing.

HireRight. Used by transportation companies, manufacturers, and government contractors. Applicant Center portal at hireright.com/applicant-center. Phone: 866-521-6995.

First Advantage. Used by large employers and government agencies. Candidate support: 800-845-6004. Submit disputes in writing to the address on your report.

GoodHire. Used by small to mid-size businesses. Phone: 855-438-4735. Online dispute available through their candidate portal.

Accurate Background. Used by mid-market employers and staffing agencies. Phone: 800-216-8024. Written disputes preferred.

General tip: Always dispute in writing (even if you also call). Written disputes create a paper trail and trigger the 30-day investigation deadline under the FCRA. Keep copies of everything.