ARIZONa False & Inaccurate Background Check Lawyers
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(480) 877-9700Wrong Background Check? We Can Help.
With 96% of employers conducting background checks, a false report can instantly derail your job search, housing application and financial stability. These reports are supposed to tell the truth, but mixed files, mistaken identities and inaccurate criminal histories happen far too often.
How we can help: If a background check contains information that isn’t yours or doesn’t accurately reflect your history, the Arizona background check attorneys at Ramos Law can help you understand what went wrong, your rights and your legal options.
What to know before you call: You are not required to file a dispute with a background check agency before contacting us. However, you must have a copy of the false report used against you, along with supporting documents proving the errors. We will provide step-by-step legal guidance if a formal dispute becomes necessary later.
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Types of False Background Check Cases We Handle
Background-check problems can take different forms. Depending on the circumstances, we may evaluate cases involving.
- Mixed Files and Mistaken Identity: Information belonging to another person may appear in a consumer report because of similar names or other identifying information.
- Incorrect Criminal Records: A report may incorrectly attribute an arrest, charge or conviction to the wrong person or inaccurately describe a criminal record.
- Duplicate Entries: The same event may appear more than once, potentially making a person’s record appear more extensive than it actually is.
- Incorrect Employment Information: An employment background report may contain inaccurate information about a person’s employment history or other reported qualifications.
- Tenant Screening Errors: Consumer reports used for housing decisions may contain inaccurate information that affects a person’s ability to obtain housing.
- Failure to Follow FCRA Requirements: A consumer reporting agency or other party involved in obtaining or using a consumer report may fail to comply with requirements imposed by the FCRA.
We Are Trial Ready
Not every background-check dispute ends up in court. But when litigation becomes necessary, preparation matters.
We build cases with the possibility of trial in mind from the beginning. That means gathering the right evidence, examining the reporting process, identifying potential violations and developing a case designed to withstand scrutiny, whether the matter is resolved through negotiation or ultimately presented to a jury.
Our goal is straightforward: protect your rights, pursue the remedies available under the law and help you move forward.
Leveraging the FCRA
Matt Osborne, Director of Consumer Protection
Matthew Osborne, JD, is the Director of Consumer Protection at Ramos Law. His practice focuses on consumer-related legal matters, including disputes involving inaccurate reporting and other potential violations of the Fair Credit Reporting Act.
Matt brings extensive experience in consumer law and litigation. Our consumer protection team works to identify potential violations, understand the impact they have had on consumers and pursue appropriate legal remedies when the facts and law support a claim.
How Ramos Law Can Help
- Demand a proper reinvestigation: We ensure the agency thoroughly investigates your formal dispute within the legally required 30-day window.
- Clear your name: We force background check companies to permanently delete or correct inaccurate, incomplete, or legally restricted information.
- Fight for compensation: If a background check company’s negligence cost you a job or housing, we can file a lawsuit under the FCRA to recover your lost wages, statutory damages, and legal fees.
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How to Fix a Background Check Error
If false information on a background check is affecting your job or housing, take these steps:
- Get a copy of the report: Obtain the background check that contains the inaccurate information and identify the company that prepared it.
- Gather proof of the error: Collect documents showing why the report is wrong, such as court records, expungement or sealing orders, employment records, or identification documents.
- Contact Ramos Law: You do not need to file a dispute before contacting our Arizona FCRA attorneys. We can review the background report and your supporting documents and advise you on the appropriate next steps.
- Dispute the error if appropriate: If a dispute is needed, although that period can be extended in some circumstances. The CFPB also requires consumer reporting agencies to use reasonable procedures to prevent reporting duplicate, expunged, sealed, or otherwise legally restricted public records.
Important: Keep a copy of the inaccurate background report and any documents proving the information is wrong. Ramos Law may need these records to evaluate your potential FCRA claim.
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Request Your Free Case Evaluation
Dealing with a false background check can be overwhelming, but you do not have to fight the background check companies alone. At Ramos Law, we offer a free, no-obligation case evaluation to help you understand your legal options and determine the best path forward.
Address: 4201 N 24th St #240, Phoenix, AZ 85016
Arizona False Background Check FAQ's
What is considered a false background check under the FCRA?
A background check may be inaccurate when a consumer report contains information that is incorrect, incomplete or associated with the wrong person. The FCRA requires consumer reporting agencies to follow reasonable procedures designed to assure maximum possible accuracy. For example, a potential FCRA issue may arise when a background check incorrectly attributes another person’s criminal record to you, contains inaccurate information or fails to properly investigate a legitimate dispute.
Whether a particular error violates the FCRA depends on the facts and circumstances of the case.
Can I sue for an inaccurate background check that cost me a job?
Possibly. An inaccurate consumer report used for employment purposes may give rise to a legal claim when the applicable requirements are violated and the legal elements of a claim are established.
Potential claims and remedies depend on factors such as:
- What information was reported
- Whether the information was inaccurate or incomplete
- Who prepared or furnished the information
- Whether the report was used for a permissible purpose
- Whether the consumer reporting agency conducted an adequate investigation after a dispute
- Whether the employer followed applicable FCRA requirements
- What harm, if any, resulted from the conduct
The FCRA provides remedies for certain negligent and willful violations, which can include actual damages and, in appropriate cases, other statutory or punitive damages.
What are my rights if I'm denied a job because of a background check?
The FCRA establishes specific requirements when an employer uses a consumer report for employment purposes. Before taking adverse action based in whole or in part on a consumer report, an employer generally must provide the consumer with:
- A copy of the consumer report; and
- A summary of the consumer’s rights under the FCRA.
If the employer ultimately takes adverse action based on the report, additional notice requirements generally apply, including information identifying the consumer reporting agency that provided the report.
Arizona law also provides certain disclosure and access rights when an employment decision is made based on a consumer report.
How do I dispute a false background check report?
If you believe a background check is inaccurate:
- Obtain a copy of the report, if available.
- Identify the specific information you believe is inaccurate or incomplete.
- Gather documents supporting your position.
- Submit a dispute to the consumer reporting agency.
- Keep copies of your dispute and supporting documentation.
- Review the results of the investigation.
Under the FCRA, a consumer reporting agency generally has 30 days to complete a reinvestigation after receiving a dispute, although an additional period of up to 15 days may apply in certain circumstances when the consumer provides relevant additional information during the initial 30-day period.
If inaccurate or incomplete information cannot be verified or is determined to be inaccurate, the FCRA generally requires the consumer reporting agency to delete or modify the information as appropriate.
How long can information stay on a background check?
It depends on the type of information being reported and the purpose of the background check.
Under the FCRA, certain adverse information generally cannot be reported after seven years. For example, records of arrest generally are subject to a seven-year reporting limit, although exceptions may apply. Bankruptcy cases may generally be reported for up to 10 years.
The FCRA’s general seven-year limitation does not apply to records of criminal convictions. In addition, certain federal reporting restrictions do not apply to employment-related consumer reports for positions with an annual salary reasonably expected to be $75,000 or more.
State law and other applicable requirements may impose additional restrictions on how information is reported or used.
Regardless of how long information may legally be reported, a consumer reporting agency must still comply with applicable FCRA requirements concerning accuracy. If a background check contains inaccurate information, you may have rights under federal or state law.
Does Arizona have laws governing background checks?
YES. Arizona has its own statutes governing consumer reporting agencies and consumer reports, located under Title 44 of the Arizona Revised Statutes (A.R.S.).
Under A.R.S. § 44-1692, consumer reports may be furnished for employment purposes when the applicable legal requirements are satisfied. Arizona law also provides consumers with specific rights to obtain information from consumer reporting agencies.
For example, when an employer denies employment, promotion, or retention, or takes certain other unfavorable employment actions based on a consumer report, A.R.S. § 44-1693 requires the employer to disclose the name and address of the consumer reporting agency that furnished the report.
This statute gives consumers the right to access the contents of their files and the information used to prepare their consumer reports. Because federal and state requirements often overlap, an Arizona background check dispute should be evaluated under both the FCRA and applicable Arizona law.
Can a background check company report someone else's criminal record?
A consumer reporting agency is required under the FCRA to follow reasonable procedures designed to assure maximum possible accuracy.
If another person’s criminal record is mistakenly associated with your identity, that may be an example of a mixed file or mistaken identity. The specific circumstances matter, including how the information was matched, what identifying information was available and whether the reporting agency properly investigated a dispute.
What if the background check company won't fix the error?
If a consumer reporting agency does not correct inaccurate or incomplete information after a proper dispute, additional legal options may be available.
The FCRA requires a reasonable reinvestigation of disputed information and generally requires inaccurate, incomplete or unverifiable information to be deleted or modified as appropriate following the reinvestigation.
An attorney can review the report, dispute history, supporting documentation and resulting harm to determine whether further action may be appropriate.
Can I recover damages from a false background check?
Potentially. The FCRA provides civil remedies for certain violations.
Depending on the circumstances, a successful claim may involve actual damages, statutory damages for certain willful violations, punitive damages in appropriate cases, and recovery of certain legal costs and attorney’s fees.
The availability and amount of damages depend on the specific facts and applicable law. No particular recovery is guaranteed.
Do I need an attorney to dispute a background check?
No. Consumers can generally dispute inaccurate information directly with the applicable consumer reporting agency.
However, if an inaccurate report has affected your employment, housing or another important opportunity (or if a reporting agency fails to properly investigate your dispute) you may want to speak with an attorney about your legal options.
Why do background check errors happen?
Background check systems rely on information collected from multiple sources. Errors can occur for a variety of reasons, including:
- Similar or identical names
- Mistaken identity or mixed files
- Data-entry errors
- Incomplete or outdated records
- Duplicate records
- Inaccurate employment information
- Errors in matching public-record information to the wrong person
The FCRA requires consumer reporting agencies to follow reasonable procedures designed to assure maximum possible accuracy. When a report contains inaccurate or incomplete information, the circumstances may warrant a dispute and, depending on the facts, potential legal action.
Speed and Efficiency Can Contribute to Errors
Background checks often involve large amounts of data and tight turnaround times. When screening companies rely heavily on automated systems and rapid data matching, mistakes can happen. Records may be matched to the wrong person, court information may be incomplete, or similar names may lead to inaccurate results.
Over half of the organizations say speed is the most crucial factor in a background check program, 33% say it is risk mitigation, and 14% choose it according to cost (First Advantage).
Speed may be important, but accuracy matters too. A rushed or incomplete background check can have serious consequences when the information is used to make decisions about your employment or housing.
What Problems Can False Background Checks Cause?
An inaccurate background check can have consequences beyond the report itself.
Lost Employment Opportunities
Inaccurate information may contribute to a job offer being withdrawn, an application being rejected or another adverse employment decision.
Lost Wages or Income
If inaccurate reporting affects employment, it may result in financial losses. Whether those losses are legally recoverable depends on the facts and applicable law.
Housing Problems
Inaccurate information in a tenant-screening report may affect a housing application or other housing-related decision.
Reputational Harm
Incorrect criminal or employment information can affect how others perceive you personally or professionally.
Emotional Distress
Dealing with inaccurate information and its consequences can be stressful, frustrating and embarrassing.
Career Impact
An inaccurate report may interfere with employment opportunities or professional plans.
Potential damages vary from case to case. A legal claim does not automatically entitle someone to compensation, and the types and amount of damages available depend on the applicable law and the facts of the case.
What are your rights under the Fair Credit Reporting Act?
The Fair Credit Reporting Act is a federal law governing the collection, preparation and use of consumer information by consumer reporting agencies and certain users of consumer reports.
For employment-related background checks, the FCRA provides important protections, including:
- Consumer reporting agencies must follow reasonable procedures designed to assure maximum possible accuracy.
- Consumers can dispute information they believe is inaccurate or incomplete.
- Consumer reporting agencies generally must conduct a reasonable reinvestigation of a properly submitted dispute.
- Employers that use consumer reports for employment purposes must follow specific disclosure and authorization requirements.
- Before taking adverse employment action based on a consumer report, an employer generally must provide the consumer with a copy of the report and a summary of the consumer’s FCRA rights.
If inaccurate information appeared in a background check and affected an employment decision, you may have rights under the FCRA. Whether you have a viable claim depends on the specific facts, the information reported, how it was obtained and used, and the conduct of the parties involved.
Disclaimer: The information provided on this webpage is for general informational purposes only and should not be construed as formal legal advice. Accessing this website, reading its content, or submitting information through our contact forms does not create an attorney-client relationship. Please refrain from sending any confidential or sensitive information until a formal attorney-client relationship has been established in writing. Past results do not guarantee future outcomes.
Wrong Background Check? Background Check Errors
With 96% of employers conducting background checks, a false report can instantly derail your job search, housing application and financial stability. These reports are supposed to tell the truth, but mixed files, mistaken identities and inaccurate criminal histories happen far too often.
How we can help: If a background check contains information that isn’t yours or doesn’t accurately reflect your history, the Arizona background check attorneys at Ramos Law can help you understand what went wrong, your rights and your legal options.
What to know before you call: You are not required to file a dispute with a background check agency before contacting us. However, you must have a copy of the false report used against you, along with supporting documents proving the errors. We will provide step-by-step legal guidance if a formal dispute becomes necessary later.