
A wrong entry on your employer background check can end a job offer before it even begins. Criminal records that were expunged, debt accounts that belong to someone else, or a name mix-up can all appear on your report — and most employers won't tell you why they turned you down.
Under the Fair Credit Reporting Act (FCRA), you have the right to accurate information, proper notice before a hiring decision is made against you, and the ability to challenge what's in your report. Our employment background check attorneys enforce those rights.
When a company runs a background check before hiring, they typically review:
➤ Criminal history (arrests, convictions, dismissed charges)
➤ Credit history and debt accounts
➤ Employment verification
➤ Civil court records and judgments
➤ Sex offender registry status
➤ Driving records (for relevant roles)
Each of these categories is a potential source of error — and errors can silently eliminate you from consideration.
Our attorneys regularly dispute background check mistakes such as:
Criminal Records That Don't Belong to You Name and date-of-birth mix-ups are common. Your report may include convictions from another person entirely.
Expunged or Sealed Records Still Appearing If a court ordered your record cleared, it should not appear on any employer report. Many consumer reporting agencies ignore this.
Outdated Convictions Beyond the Legal Reporting Period Most criminal convictions cannot be reported after 7 years (with limited exceptions). Reporting them anyway is a direct FCRA violation.
Incorrect Employment or Credit History False gaps in employment, accounts that have been paid or discharged, or debts you never owed can all show up — and damage your chances.
No Adverse Action Notice Given Before an employer takes any negative action based on your background check, federal law requires them to notify you and provide a copy of the report. Many skip this step entirely.
➤ Nationwide representation — we fight for workers in every state
➤ No upfront fees — you pay nothing unless we win
➤ Experienced FCRA attorneys who know employment background check law
➤ We hold both employers and consumer reporting agencies accountable
The Fair Credit Reporting Act gives every job applicant the right to:
➤ Be notified before an employer takes adverse action based on a background check
➤ Receive a free copy of the report used against them
➤ Dispute inaccurate or incomplete information
➤ Sue if their rights are violated
If your rights were violated, you may be entitled to:
➤ Actual damages (lost wages, job opportunity losses)
➤ Statutory damages up to $1,000 per violation
➤ Attorney's fees and court costs — paid by the violator
Protect Your Rights — Start Your FCRA Claim Today.
No. Under the FCRA, employers must get your written consent before running a background check through a consumer reporting agency.
The employer must send you an adverse action notice with a copy of the report. You then have the right to dispute errors before the decision is finalized.
You can dispute directly with the consumer reporting agency — but results are often ignored or denied. An FCRA attorney can escalate the dispute and take legal action if needed.
They should not, but it happens frequently. If a sealed or expunged record is reported to an employer, that is likely a FCRA violation and we can take action.
Timelines vary, but consumer reporting agencies are legally required to investigate within 30 days. If they fail, legal action may follow quickly after.

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Tariq Law, PC. is located in the heart of New York City at 99 Park Avenue, footsteps from the iconic Grand Central Terminal in Midtown Manhattan. We serve clients primarily in New York, New Jersey, and in federal courts across the United States.
In order to evaluate your particular circumstances, please reach out to us to schedule an individual case review. Using this site or communicating with an attorney does not establish an attorney-client relationship, which can only be established in writing and signed by the lawyer and the client.
Prior results do not guarantee a similar outcome. This website is for informational purposes only.
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