The Hidden Cost of Background Check Mistakes
The moment you receive that dreaded email—”We’ve decided to pursue other candidates”—rarely comes with a proper explanation. For thousands of job seekers each year, the culprit behind these rejections isn’t their qualifications or interview performance, but errors in their BackgroundChecks.com background check that they may never even know about.
Background screening has become ubiquitous in the hiring landscape, with an estimated 96% of employers conducting some form of background check. BackgroundChecks.com has positioned itself as a major player in this industry, processing millions of reports annually. But within this mass-production system of personal data, mistakes happen with alarming frequency—and the consequences fall squarely on the shoulders of job seekers.
Our firm has represented numerous clients whose careers and livelihoods were derailed by BackgroundChecks.com background check errors. This guide examines the reality behind these screenings, your legal protections, and how to fight back when inaccurate reporting threatens your future.
BackgroundChecks.com: Behind the Corporate Curtain
Understanding who you’re dealing with is the first step toward addressing background check errors effectively.
Company Profile:
- Founded: 1999
- Headquarters: 12770 Coit Road, Suite 1150, Dallas, TX 75251
- Customer Service: (866) 265-6602
- Email: [email protected]
- Industry Position: Among the top 15 largest background screening providers in the United States
- BBB Rating: B+ (with numerous consumer complaints)
- Trustpilot Score: 2.7/5 stars (based on consumer reviews)
BackgroundChecks.com markets itself as a technology-driven screening solution offering “comprehensive, accurate background information.” The company processes thousands of reports daily for businesses ranging from small local employers to Fortune 500 corporations. Their automated systems pull data from various sources including:
- Court records from more than 3,200 counties
- State and national criminal databases
- Sex offender registries
- Credit bureaus (for positions involving financial responsibility)
- Motor vehicle departments
- Education verification services
- Employment history databases
While this extensive data network might seem impressive, it’s precisely this sprawling, automated approach that creates opportunities for serious errors. The company’s heavy reliance on database matching rather than court-runner verification for many of their products increases the risk of false positives, particularly for individuals with common names.
Learn what happens behind the scenes in employment screenings
The Anatomy of a BackgroundChecks.com Background Check
Before addressing errors, it’s important to understand what information typically appears in a BackgroundChecks.com report and how it’s obtained.
Standard Components
Identity Verification
- Full name and aliases
- Social Security Number verification
- Address history
- Date of birth verification
Criminal History
- Felony and misdemeanor convictions
- Pending criminal cases
- Arrests (in some jurisdictions)
- Sex offender registry status
Employment Verification
- Previous employers
- Dates of employment
- Positions held
- Reason for leaving (if provided)
Education Verification
- Institutions attended
- Degrees/diplomas earned
- Graduation dates
- GPA (occasionally)
Professional Licenses
- License type and number
- Issuing authority
- Current status
- Disciplinary actions
Additional Specialized Checks
- Motor vehicle records
- Credit history (for relevant positions)
- Healthcare sanctions
- Global watchlist screening
- Drug testing results
Data Collection Methods
BackgroundChecks.com uses several methods to compile their reports:
- Database Searches: Automated queries of proprietary and public databases
- Court Runners: In some cases, physical visits to courthouses to obtain records
- Verification Calls: Direct contact with previous employers and educational institutions
- Public Records Searches: Mining of publicly available information
- Consumer Credit Reports: When authorized for specific positions
The complexity of this process—combining automated systems with human verification—creates multiple points where errors can and do occur.
The Error Epidemic: Why BackgroundChecks.com Reports Go Wrong
Our firm has identified several recurring issues in BackgroundChecks.com background checks that lead to serious consequences for job seekers:
1. Name-Based Matching Failures
The most prevalent problem occurs when BackgroundChecks.com’s algorithms incorrectly attribute criminal records to individuals with similar names. This issue disproportionately affects:
- Individuals with common surnames (Smith, Johnson, Garcia, etc.)
- Those who share names with family members (Jr., Sr., III)
- People with hyphenated or multiple surnames
- Individuals whose names are commonly misspelled
Real Case Example: Michael Rodriguez (name changed) was denied a position at a healthcare facility due to a BackgroundChecks.com report showing multiple drug offenses. The records actually belonged to a different Michael Rodriguez with a middle initial that differed by one letter. By the time our firm helped correct the report, the position had been filled, costing him a $65,000 annual salary opportunity.
2. Outdated or Expunged Record Reporting
BackgroundChecks.com frequently fails to update their databases when records are:
- Expunged or sealed by court order
- Reduced from felonies to misdemeanors
- Dismissed after completion of diversion programs
- Subject to automatic expungement under state “clean slate” laws
This issue creates a devastating scenario where individuals who have followed legal procedures to clear their records continue to be punished by inaccurate reporting.
3. Data Entry and Processing Errors
Human error remains a significant factor, including:
- Misclassification of offense types
- Incorrect entry of case disposition information
- Transposition of dates or identifying information
- Improperly merged files between individuals
- Scanning and OCR errors from court documents
4. Incomplete Information
Many BackgroundChecks.com reports show arrests without final dispositions, creating the impression of guilt where cases were dismissed or resulted in non-conviction outcomes.
5. Verification Shortcuts
To meet quick turnaround demands, BackgroundChecks.com sometimes:
- Fails to properly verify employment dates or education credentials
- Reports unverified information as confirmed
- Omits explanatory information that would contextualize findings
Find out what to do if you fail a background check
Your FCRA Shield: Legal Protections Against BackgroundChecks.com Errors
The Fair Credit Reporting Act (FCRA) provides robust protections against background check errors, but these rights are meaningless if you don’t know they exist or how to exercise them.
Critical FCRA Rights Every Job Applicant Should Know
Before the Background Check
- Disclosure and Authorization: Employers must provide a clear, standalone disclosure that a background check will be conducted and obtain your written authorization before ordering a BackgroundChecks.com report.
- Right to Know What’s Being Checked: You’re entitled to know the scope of the investigation, including what types of records will be searched.
During the Hiring Process
- Pre-Adverse Action Notice: If an employer plans to reject you based on information in your BackgroundChecks.com report, they must first provide you with:
- A copy of the complete background report
- A summary of your FCRA rights
- Time to respond to or dispute the information (typically 5-7 business days)
- Opportunity to Explain: You have the right to provide context or explanation for negative information before a final decision is made.
After a Negative Decision
- Adverse Action Notice: If the employer decides not to hire you based on the report, they must provide:
- Written notification of the adverse action
- Contact information for BackgroundChecks.com
- A statement that BackgroundChecks.com didn’t make the hiring decision
- Notice of your right to dispute the accuracy of the report
- Notice of your right to obtain a free copy of your report within 60 days
Addressing Errors
- Free Report Access: You’re entitled to a free copy of your BackgroundChecks.com report if adverse action was taken against you.
- Right to Dispute: You can dispute any inaccurate or incomplete information in your report.
- 30-Day Investigation Requirement: BackgroundChecks.com must investigate disputed items and correct errors within 30 days (or 45 days in certain circumstances).
- Reinvestigation Results: They must provide you with written results of their investigation and a free copy of your revised report if changes were made.
- Right to Add a Statement: If you disagree with the investigation results, you can add a brief statement to your file explaining your position.
Legal Remedies
- Right to Sue: You can take legal action against both BackgroundChecks.com and employers who willfully or negligently violate your FCRA rights.
- Damages Recovery: You may recover actual damages, statutory damages, punitive damages, attorney’s fees, and costs for FCRA violations.
Understanding the FCRA dispute process
Tactical Response: How to Dispute BackgroundChecks.com Errors
When you discover errors in your BackgroundChecks.com background check, time is of the essence. Follow these strategic steps to maximize your chances of prompt correction:
1. Obtain Your Complete Report
Contact BackgroundChecks.com immediately at (866) 265-6602 or through their website to request a copy of your full report. Be prepared to provide:
- Full legal name
- Date of birth
- Social Security Number
- Current address
- Copy of government-issued ID
- Reference number from the employer (if available)
They are required by law to provide this report at no charge if you’ve been subject to adverse action.
2. Document Everything
Create a detailed record of:
- When you applied for the position
- Communications with the employer
- When and how you were notified of the adverse action
- Copies of all notices received
- Names and titles of people you speak with
This documentation will be crucial if legal action becomes necessary.
3. Conduct a Thorough Error Audit
Review every element of your report, marking all inaccuracies:
- Criminal records belonging to someone else
- Duplicate entries of the same case
- Outdated information that exceeds reporting timeframes
- Records that have been expunged or sealed
- Inaccurate employment dates or positions
- Education verification errors
- Missing case dispositions
4. Gather Compelling Evidence
Collect documentation to refute each error:
- Court documents showing case dismissals or expungements
- Official ID proving your identity
- Letters from previous employers confirming correct dates
- Educational transcripts or degree verification
- Court clerk statements confirming record status
5. File a Formal, Detailed Dispute
Submit your dispute to BackgroundChecks.com via certified mail with return receipt to:
BackgroundChecks.com Attn: Consumer Disputes 12770 Coit Road, Suite 1150 Dallas, TX 75251
Your dispute letter should:
- Clearly identify each specific error
- Explain why the information is incorrect
- Request complete removal or correction of the information
- Include copies (never originals) of your supporting evidence
- Request written confirmation when corrections are made
- Request that corrected reports be sent to all employers who received the inaccurate report in the past two years
6. Hold BackgroundChecks.com Accountable to Timelines
The FCRA requires BackgroundChecks.com to:
- Begin investigation promptly
- Complete investigation within 30 days (45 days in some circumstances)
- Remove or correct information that cannot be verified
- Notify you of the results
- Provide a free copy of your revised report if changes were made
7. Escalate When Necessary
If BackgroundChecks.com fails to respond adequately:
- File a complaint with the Consumer Financial Protection Bureau (CFPB) at consumerfinance.gov/complaint
- Submit a complaint to the Federal Trade Commission at reportfraud.ftc.gov
- Contact your state attorney general’s office
- Consult with an attorney experienced in FCRA violations
What to do when mixed files affect your background check
When Disputes Fail: Legal Action Against BackgroundChecks.com
Sometimes, despite your best efforts, BackgroundChecks.com fails to correct serious errors or continues improper reporting practices. When this happens, legal action may be your only recourse.
Common Grounds for FCRA Lawsuits
Our firm has successfully litigated numerous cases against BackgroundChecks.com based on:
- Willful Failure to Follow Reasonable Procedures BackgroundChecks.com has a legal obligation to follow reasonable procedures to ensure maximum possible accuracy. When they cut corners by:
- Relying solely on database matching without verification
- Using loose matching criteria that pair records based on partial information
- Failing to require sufficient identifiers before reporting criminal records
- Not updating databases regularly with expungement information
- Negligent or Willful Failure to Conduct Proper Reinvestigations When consumer disputes are filed, we often see:
- Superficial “investigations” that simply verify the original source without meaningful review
- Failure to consider provided documentation
- Form letters dismissing legitimate disputes
- Unreasonable delays beyond FCRA timelines
- Improper Disclosure of Obsolete Information The FCRA prohibits reporting of:
- Non-conviction records older than 7 years
- Most civil suits and judgments older than 7 years
- Paid tax liens older than 7 years
- Chapter 13 bankruptcies older than 7 years
- Chapter 7 bankruptcies older than 10 years
- Failure to Maintain Strict Procedures for Sensitive Information When reporting information for positions with salaries over $75,000 or for employment in certain industries, BackgroundChecks.com must adhere to even stricter accuracy standards.
Potential Damages You Can Recover
Successful FCRA lawsuits against BackgroundChecks.com may yield significant compensation:
- Actual Damages: Including lost wages, missed job opportunities, damage to reputation, emotional distress, and out-of-pocket expenses
- Statutory Damages: Up to $1,000 per violation for negligent violations, and between $100 and $1,000 per willful violation
- Punitive Damages: Additional damages assessed to punish particularly reckless or deliberate FCRA violations with no statutory cap
- Attorney’s Fees and Costs: The FCRA allows successful plaintiffs to recover reasonable legal fees and litigation expenses
Success Story
After being denied a position due to a BackgroundChecks.com report that mixed her records with those of someone with a similar name, our client Susan T. pursued legal action after multiple failed dispute attempts. The court found that BackgroundChecks.com had willfully violated the FCRA by failing to follow reasonable procedures. Susan was awarded $75,000 in actual damages for lost wages and emotional distress, plus $10,000 in punitive damages and attorney’s fees.
Learn about legal options for suing background check companies
Your Path Forward: How Our Firm Can Help
Facing an employment rejection due to BackgroundChecks.com errors can feel overwhelming. You’re not just fighting a background check company—you’re fighting for your reputation, your career, and your future.
Our firm is focused on holding BackgroundChecks.com accountable for their reporting mistakes and FCRA violations. We bring a unique combination of consumer protection expertise and employment law knowledge to your case.
Our Proven Approach
- Comprehensive Case Evaluation: We conduct a detailed examination of your background report, the adverse action process, and all communications to identify every potential FCRA violation.
- Strategic Dispute Support: While many law firms immediately pursue litigation, we often begin by crafting strategic disputes designed to create a strong record for potential legal action.
- Direct Negotiation: Our reputation and experience with BackgroundChecks.com often allows us to resolve cases through direct negotiation, potentially securing corrections, compensation, and proper notification to employers without lengthy litigation.
- Litigation Expertise: When necessary, we pursue aggressive legal action with a track record of successful outcomes for clients harmed by background check errors.
- Dual-Target Strategy: We evaluate potential claims against both BackgroundChecks.com and employers who failed to follow proper adverse action procedures.
Don’t Face This Alone
Background check errors represent a particularly insidious form of harm—they affect your opportunities without your knowledge, they damage your reputation without giving you a chance to defend yourself, and they can follow you from application to application until addressed.
Our consultations are free, confidential, and come with no obligation. We’ll provide honest assessment of your situation and clear guidance on your best path forward.
Take the First Step Today
Time limitations apply to FCRA claims, so prompt action is essential. Visit our contact page to schedule your free consultation with an experienced FCRA attorney. Don’t let background check errors derail your career—our team is ready to fight for the justice and compensation you deserve.
Frequently Asked Questions: BackgroundChecks.com and Your Rights
What information is BackgroundChecks.com legally prohibited from including in my report?
BackgroundChecks.com is prohibited from reporting:
- Arrests that did not lead to convictions older than 7 years (with some state exceptions)
- Civil suits, civil judgments, and records of arrest older than 7 years
- Paid tax liens older than 7 years
- Accounts placed for collection older than 7 years
- Any other adverse information (except criminal convictions) older than 7 years
- Bankruptcies older than 10 years
It’s important to note that for positions with annual salaries reasonably expected to equal $75,000 or more, some of these time restrictions may not apply.
If I dispute information with BackgroundChecks.com, will they notify employers who already received my report?
If BackgroundChecks.com determines that information in your report was inaccurate or cannot be verified, they are required to:
- Correct or delete the information in your file
- Notify you of the correction
- Provide written notice of the correction to any person who received your report within the last two years for employment purposes (or within six months for any other purpose)
However, this only happens after a successful dispute. Many consumers find they need legal assistance to force BackgroundChecks.com to acknowledge and correct errors properly.
Can BackgroundChecks.com report criminal records that were sealed or expunged?
No. Once a record has been legally expunged or sealed, BackgroundChecks.com should not report it. However, this is one of the most common violations we see. Background check companies often fail to update their databases when records are expunged or sealed, continuing to report information that should be removed.
If you find expunged or sealed records in your BackgroundChecks.com report, this represents a serious FCRA violation that should be addressed immediately, as it can form the basis for legal action.
What’s the difference between disputing directly with BackgroundChecks.com versus hiring an attorney?
While you have the right to dispute errors directly, our experience shows significant differences in outcomes:
Self-Dispute Limitations:
- BackgroundChecks.com may conduct minimal investigation
- You may lack knowledge of technical FCRA requirements
- The company may use form responses to reject legitimate disputes
- No remedies for lost opportunities while waiting for corrections
- No compensation for damages already suffered
Attorney-Led Approach:
- Opens potential for monetary compensation for damages
- Creates accountability through legal leverage
- Ensures proper documentation for potential litigation
- Often results in faster, more thorough corrections
- Can address both BackgroundChecks.com and employer violations
- Protects your rights throughout the process
- No upfront costs as FCRA cases are typically taken on contingency
Many clients come to us after unsuccessful self-disputes, when valuable time has already been lost. Consulting with an attorney early often leads to better outcomes and preservation of important legal rights.