A background check error can cost you a job you already earned. If a report shows a criminal record that isn’t yours, or lists a case that was thrown out years ago, an employer may reject you before you even get a chance to explain. At Sherman & Ticchio PLLC, we represent job applicants across New York and New Jersey who have been turned down because of a background check mistake that wasn’t their fault.
These errors happen more often than most people realize. Background check companies pull records from courts, databases, and public files across the country. When that process moves too fast, or the wrong safeguards are in place, mistakes slip through. If a background check cost you a job offer or a promotion, you may have legal options to hold the reporting company accountable and clear your record.
Most employers now hire an outside company to screen applicants — names like First Advantage, Sterling, and Checkr come up constantly in the cases we handle. These companies pull records from courthouses and public databases across the country, often for thousands of applicants at once. Something has to give, and it’s usually accuracy.
We see a handful of errors again and again:
None of this is rare. We’ve represented applicants who lost job offers over a report the screening company never bothered to double-check — including cases tied to First Advantage, where a background check failure came down to information the company never verified. If it happened once, it can happen on your next application too, unless the record actually gets fixed.
If you need to dispute an incorrect background check, our attorneys can walk you through challenging these reporting agencies under the federal Fair Credit Reporting Act (FCRA).
Trying to fix a background check error while also job hunting is a lot to handle at once. A background check attorney at our firm focuses specifically on federal reporting law, so you’re not stuck figuring out the legal side on your own while you’re also trying to land a job.
Some background check errors trace back to identity theft rather than a simple records mix-up — someone else’s criminal history attached to your name because your identity was compromised somewhere along the way. If that sounds like what happened to you, our identity theft lawyer team can help untangle both problems at once.
Behind every incorrect background check is a person who’s now stuck explaining something that isn’t even true. We know that, and we built our practice around it — client-focused, not case-number-focused.
The Consumer Financial Protection Bureau requires you to dispute inaccurate information directly with the reporting agency before filing a federal complaint — a step we can help you handle correctly the first time, since a poorly documented dispute can slow things down or get dismissed outright.
If you have questions about a background check attorney in NYC or New Jersey, contact us today to learn how we can help protect your professional reputation.
What counts as an error on a background check?
The most common ones are mixed files (someone else’s record attached to your name), outdated information that should have been sealed or removed, and cases reported as active convictions after they were dismissed. If something on your report doesn’t match what actually happened, it’s worth a closer look.
Do I need a lawyer to dispute a background check error, or can I handle it myself?
You can file the initial dispute on your own — that step doesn’t require an attorney. Where legal help matters most is organizing the evidence so the reporting agency can’t easily dismiss your claim, and stepping in if they refuse to correct a verified error.
Can an old or expunged criminal record still show up on a background check?
Yes, more often than people expect. Screening companies sometimes pull from databases that don’t stay current with court records, so a case that was sealed or expunged years ago can still surface on a new report.
What happens if a background check company won’t fix a confirmed error?
If a reporting agency verifies an error but still refuses to correct it, that can be grounds for legal action under the FCRA, including pursuing compensation for a lost job or promotion tied to the mistake.