Quick Summary
Criminal background check errors in New Jersey are more common than most people expect, and the consequences can be immediate and serious. Inaccurate records, sealed convictions that should never have been reported, and misidentified offenses are all recognized violations under the federal FCRA. Consumers have the right to dispute these errors. When screening companies fail to investigate properly or correct verified mistakes, legal remedies may be available. Sherman & Ticchio PLLC handles these cases exclusively under federal law.
A job offer arrives, and everything looks promising. You complete the paperwork, clear the interviews, and wait. Then comes the call you were not expecting. The position has been withdrawn, and the reason is your criminal background check. The record flagged is not yours, or the offense listed was dismissed years ago, or the conviction shown was expunged by a court order. None of that seems to matter in the moment, as the damage is already done.
At Sherman & Ticchio PLLC, we hear versions of this story regularly. What most consumers in New Jersey do not realize is that the companies preparing these reports have legal obligations under federal law. When those obligations go unmet, there are options worth knowing about.
What Criminal Background Check Errors Look Like in New Jersey
The Fair Credit Reporting Act (FCRA) governs how third-party companies prepare background check reports for employment and housing purposes. These companies are classified as consumer reporting agencies and are subject to legal obligations regarding accuracy. When they fall short of those obligations, the consequences fall on the consumer.
The errors we see in background check litigation tend to follow recognizable patterns. Here are some of the most common ones:
- Records belonging to someone else: When a screening company relies on name-only matching, criminal records tied to a different person can end up on your report. A similar first and last name can be enough to create a serious problem.
- Sealed or expunged records appearing on reports: If a court has sealed or expunged a record, it should generally not appear on a consumer background check. Reporting it anyway raises real questions about whether the screening company followed proper procedures.
- Missing disposition information: An arrest is not a conviction. When a report lists an arrest without noting the outcome (dismissed, acquitted, charges dropped), it creates a misleading picture for the reader.
- Duplicate entries for the same offense: Seeing the same offense listed more than once can make a record look far worse than it is.
- Misclassified offense levels: Misreporting the category of an offense can change how an employer interprets your entire record.
If any of these situations sound familiar, it is worth understanding what the law says about them.
Your Rights Under the FCRA Before and After a Background Check
Before an employer can run a background check through a third-party agency, they are required to get your written authorization. The FCRA requires written consent before the process begins, and applicants must also be provided with a disclosure that a report may be obtained.
When an adverse decision follows (meaning a job offer is withdrawn or an application is denied), additional steps are legally required. The employer must provide you with a copy of the report, a notice that the background check contributed to the decision, and information about the consumer reporting agency that prepared it. You also have the right to dispute inaccurate information and to request that the agency investigate.
The dispute process is initiated by the consumer. If you have also experienced identity theft that may have affected your records, that adds another layer worth examining carefully.
When an Error May Cross Into Legal Territory
Not every mistake on a background check rises to the level of a federal violation. The legal question begins with whether the consumer reporting agency used reasonable procedures to produce an accurate report. It also focuses on whether the agency conducted a proper investigation after you raised a dispute.
The FCRA requires consumer reporting agencies to follow reasonable procedures to assure maximum possible accuracy. When a company cuts corners on verification, fails to distinguish between two people with the same name, or continues reporting a sealed record after being told it was expunged, serious reporting errors can result. In some cases, such failures may create grounds for a legal claim.
A few situations that tend to raise the most serious concerns include:
- A criminal record that clearly belongs to a different individual
- Expunged or sealed records that continue appearing after the consumer disputed them
- A dispute that was closed without any real investigation
- Repeated errors across multiple reports, suggesting a systemic issue with the agency’s data
If the screening agency does not correct a verified error or if it fails to investigate within the timeframe the FCRA requires, you may be entitled to pursue legal remedies. These can include compensation for financial harm, emotional distress, and in some cases, additional damages.
What the Process Looks Like in Practice
Once you dispute an error with a consumer reporting agency, the agency has 30 days to investigate. Written notice of the results must follow within five business days of completing the investigation.
If a prospective employer received a copy of the report within the past two years, you can also request that corrected information be sent to them. Not all consumers know this step is available, and it can matter significantly when a job opportunity is still in play.
If Your Background Check Report Has Cost You an Opportunity, We Can Help
Sherman & Ticchio PLLC works with consumers in New Jersey and across the country who have been affected by inaccurate background check reports. The firm focuses on federal FCRA cases, which means this is the work we do every day.
Has inaccurate criminal record information affected a job application, housing opportunity, or professional license in New Jersey? Schedule a free consultation and let us take a closer look at what happened.
FAQs
Can a background check show a conviction that was expunged in New Jersey?
Generally, no. The FCRA requires screening companies to have procedures preventing the unlawful reporting of expunged or sealed records. If an expunged conviction appears on your report, the screening agency may have failed to meet its legal obligations.
Does the FCRA apply to tenant screening reports, not just employment?
Yes. The FCRA also covers consumer reporting agencies that prepare reports for housing purposes. Inaccurate criminal records appearing on a tenant screening report carry the same federal protections and dispute rights as those on an employment background check.
What if my dispute was closed, but the error was never corrected?
A closed dispute does not mean it is resolved. If the agency failed to conduct a reasonable investigation or continued reporting inaccurate information afterward, that failure may form the basis of a legal claim under the FCRA.