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(866) 645-1128It’s Not You, It’s Your False Background Check
Background checks play a major role in your employment, housing, and future. But screening companies can get the facts wrong. .
Why it matters: A reporting error, outdated record, or a criminal history belonging to someone else creates a misleading picture of who you are and can cost you opportunities you deserve.
The big picture: If your background check contains false or misleading information, you have legal protections. Depending on your circumstances, your case may be protected by:
- The Fair Credit Reporting Act (FCRA)
- California’s Investigative Consumer Reporting Agencies Act (ICRAA)
- California Fair Chance Act governing the use of criminal history in employment decisions.
How we help: The California background check attorneys at Ramos Law will examine exactly what was reported, how it was obtained, and whether the screening company or employer actually followed the law.
The bottom line: You do not need to file a dispute before contacting our California FCRA attorneys. We can help you take action now.
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Why You Should Go With Ramos Law
A false background check can have a real impact on your career, reputation and ability to move forward. When inaccurate information threatens an important opportunity, you need attorneys who will take the time to understand what happened and aren’t afraid to take action.
At Ramos Law, we approach background-check disputes as more than paperwork problems. We investigate where the information came from, how it was matched to you and whether the reporting company or employer followed the law.
When you work with Ramos Law, you can expect:
Thorough Investigation: We examine the background report, underlying records and available evidence to identify where inaccurate information came from.
Consumer Protection Experience: We understand the federal and California laws that may apply to inaccurate background checks and improper reporting practices.
Personalized Attention: Every background-check dispute is different. We take the time to understand how the error affected you and what you want to accomplish.
Ready to Take Action: We don’t stop at identifying a problem. When the facts and law support a claim, we’re prepared to pursue an appropriate resolution, including litigation when necessary.
Trial-Ready Representation: Ramos Law prepares cases with the possibility of trial in mind. Whether your case is resolved through negotiation or goes before a jury, we’re prepared to fight for your rights.
You shouldn’t lose an opportunity because a background check got your identity wrong. If inaccurate information has affected your employment, housing or another important opportunity, Ramos Law can help you understand your options and determine what steps may be available.
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.
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 consumer protection laws.
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.
When Someone Else’s Criminal Record Cost Our Client His Job
The Situation
Our client had every reason to be excited. He had landed a delivery driver position and received a job offer contingent on passing a background check. Then the report came back and, suddenly, the job was in jeopardy.
The background check showed multiple criminal convictions that belonged to someone else. The screening company had confused our client with another individual who happened to share the same first and last name. Our client had never been arrested or convicted of the crimes listed in the report, but that distinction didn’t stop the inaccurate information from putting his new job at risk.
The Action
We dug into the report and uncovered what had gone wrong. The criminal records weren’t our client’s (they belonged to a completely different person). We gathered evidence establishing the identities of the two individuals and challenged the screening company’s failure to properly distinguish between them.
When the company failed to adequately correct the error, we took the next step and filed a lawsuit on our client’s behalf. We fought to have the false criminal history removed and to hold the screening company accountable for the harm its reporting error had caused.
The Outcome
The inaccurate criminal records were ultimately removed from our client’s background report, clearing the way for him to pursue his employment opportunity without someone else’s criminal history hanging over him.
The case was also successfully resolved through a settlement for the harm caused by the inaccurate reporting.
A background check shouldn’t punish you for someone else’s mistakes. When inaccurate information threatens your job or livelihood, Ramos Law is prepared to investigate what went wrong and fight to make it right.
What Are Your Options?
If you believe a background check contains inaccurate information, there are several steps you may consider.
1. Obtain a Copy of the Report
Try to obtain the consumer report that was used in the employment, housing or other decision. Knowing exactly what was reported is an important first step. For certain investigative consumer reports, California law provides additional rights to receive a copy of the report.
2. Identify the Inaccuracies
Review the report carefully. Look for information that belongs to another person, incorrect dates, duplicate entries, incomplete records, outdated information or other inaccuracies.
3. Dispute Inaccurate Information
You generally have the right to dispute inaccurate or incomplete information with the applicable consumer reporting agency. Under the FCRA, a consumer reporting agency generally must conduct a reasonable reinvestigation after receiving a dispute. The standard timeframe is generally 30 days, subject to certain exceptions and extensions permitted by the law.
4. Understand Adverse-Action Requirements
If an employer intends to take adverse action based in whole or in part on a consumer report, the FCRA generally requires the employer to provide the consumer with a copy of the report and a summary of the consumer’s FCRA rights before taking the adverse action.
California law may impose additional requirements, particularly when an investigative consumer report or criminal-history information is involved. Under California’s Fair Chance Act, covered employers generally must also follow an individualized assessment and notice process before withdrawing a conditional job offer because of conviction history.
5. Legal Action Under the FCRA or California Law
The FCRA provides potential remedies when a consumer reporting agency or other covered party negligently or willfully fails to comply with applicable requirements.
California law may provide additional protections and potential remedies under the ICRAA, Fair Chance Act, Fair Employment and Housing Act and other applicable statutes. Whether you have a claim depends on the facts and circumstances.
Work With an Attorney: An experienced attorney can help identify potential violations, gather evidence and pursue compensation or another appropriate remedy when the facts and law support doing so.
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California False Background Check FAQ's
What are your rights under the Fair Credit Reporting Act?
The Fair Credit Reporting Act (FCRA) gives consumers important protections when companies collect, compile or share information about them for purposes such as employment screening. The law is designed to promote accurate reporting and gives consumers specific rights when information in a consumer report is wrong or incomplete.
If an employer uses a background check as part of its hiring process, the FCRA may give you the right to:
- Expect accurate reporting: Consumer reporting agencies must use reasonable procedures intended to assure maximum possible accuracy.
- Challenge incorrect information: You can dispute information in your report that you believe is inaccurate or incomplete.
- Have disputed information investigated: Consumer reporting agencies generally must conduct a reasonable reinvestigation after receiving a valid dispute.
- Know when a report is being used: Employers must generally provide required disclosures and obtain your authorization before obtaining a consumer report for employment purposes.
- Receive notice before adverse action: Before taking adverse action based on a consumer report, an employer generally must provide you with a copy of the report and a summary of your rights under the FCRA.
A background check error does not automatically mean the law was violated. The details matter, including what information was reported, whether it was accurate, how the report was obtained and used, whether you disputed the information, and how the reporting agency or employer responded. If inaccurate background-check information has affected your employment, you may have rights under the FCRA and other applicable laws.
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.
California’s ICRAA may provide additional protections when an investigative consumer report is involved.
Whether a particular error violates the FCRA or California law depends on the facts and circumstances of the case.
What types of false background check cases does Ramos Law handle?
Background-check problems can take different forms. Depending on the circumstances, we may evaluate cases involving:
Mixed Files and Mistaken Identity
Incorrect Criminal Records
Duplicate Entries
Incorrect Employment Information
Outdated or Legally Restricted Information
Tenant Screening Errors
Failure to Follow FCRA or California Requirements
What problems can false background checks cause?
An inaccurate background check can have consequences beyond the report itself, including:
- Lost Employment Opportunities
- Lost Wages or Income
- Housing Problems
- Reputational Harm
- Emotional Distress
- Career Impact
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 applicable legal requirements were violated and the 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
- Whether California’s ICRAA or Fair Chance Act applies
- 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, statutory or punitive damages. California law may provide additional remedies depending on the specific violation.
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.
California provides additional protections. Under the Fair Chance Act, covered employers generally cannot ask about or consider conviction history before making a conditional job offer. After a conditional offer, employers must follow specific procedures before withdrawing the offer based on conviction history, including an individualized assessment and an opportunity for the applicant to respond.
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 applicable 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 may apply in certain circumstances.
If inaccurate, incomplete or unverifiable information cannot be verified, 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 in California?
It depends on the type of information, the type of report and the purpose of the background check.
California Civil Code § 1786.18 generally limits the reporting of certain adverse information in investigative consumer reports to seven years. This includes certain records of arrest, indictment, information, misdemeanor complaint or criminal conviction, measured from the applicable disposition, release or parole date. Certain civil matters, tax liens, collection accounts and other adverse information are also subject to seven-year limitations.
Bankruptcies generally may be reported for up to 10 years under the statute. Exceptions can apply, including certain employment positions for which a governmental regulatory agency requires additional reporting.
The FCRA also contains federal restrictions on the reporting of certain adverse information. The interaction between federal and California law depends on the circumstances and the type of report involved.
Regardless of how long information may legally be reported, consumer reporting agencies must still comply with applicable accuracy requirements. If a background check contains inaccurate information, you may have rights under federal or California law.
Does California have laws governing background checks?
Yes. California has several laws that may apply to background checks.
The California Investigative Consumer Reporting Agencies Act (ICRAA), found in Civil Code § 1786 et seq., regulates certain investigative consumer reports and establishes requirements for obtaining and using them.
The California Fair Chance Act, codified in Government Code § 12952, regulates how covered employers may inquire about and use criminal history in employment decisions. The law generally prohibits covered employers from asking about or considering conviction history before making a conditional job offer and establishes additional requirements for employers that consider conviction history after an offer.
California’s fair housing laws may also apply to criminal-history screening in housing. Housing providers generally cannot impose blanket bans based on criminal history, and certain criminal records cannot be considered.
Federal law, including the FCRA, may apply at the same time.
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.
California law also contains requirements concerning the accuracy and verification of certain public-record information included in investigative consumer reports.
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.
California law may provide additional remedies for violations of the ICRAA or other applicable laws.
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.
Does contacting Ramos Law create an attorney-client relationship?
No. Submitting information through this website or contacting Ramos Law for an initial consultation does not by itself create an attorney-client relationship. An attorney-client relationship is established only through an appropriate agreement with the firm.
This website provides general legal information and is not a substitute for legal advice about your particular situation. Laws can change, and the application of federal or California law depends on the specific facts of each matter.
What are California Background Check Laws?
The California Investigative Consumer Reporting Agencies Act (ICRAA) is found in California Civil Code § 1786 et seq. It regulates investigative consumer reports and imposes requirements on both investigative consumer reporting agencies and certain people or businesses that obtain or use those reports.
Under California Civil Code § 1786.16, certain employment-related investigative consumer reports require a clear and conspicuous written disclosure, identification of the permissible purpose for the report, information about the investigative consumer reporting agency and written authorization from the consumer. California law also provides consumers with an opportunity to request a copy of certain reports.
California’s Seven-Year Reporting Restrictions
California Civil Code § 1786.18 places restrictions on the reporting of certain adverse information.
For example, the statute generally prohibits investigative consumer reporting agencies from reporting certain records of arrest, indictment, information, misdemeanor complaint or criminal conviction when more than seven years have passed from the applicable disposition, release or parole date, subject to statutory exceptions. Certain civil matters, tax liens, collection accounts and other adverse information are also subject to seven-year limitations, while bankruptcies generally have a 10-year limitation.
California Fair Chance Act
California’s Fair Chance Act, codified in Government Code § 12952, generally prohibits covered employers from asking about or considering an applicant’s conviction history before making a conditional offer of employment.
After a conditional offer, employers may conduct a criminal-history check, but California law places additional requirements on how criminal history is evaluated. If an employer intends to withdraw a conditional offer based on conviction history, it generally must conduct an individualized assessment, provide written notice of the preliminary decision and give the applicant an opportunity to respond with information challenging the conviction history or providing mitigating circumstances.
California law also restricts employers from considering certain information, including arrests that did not result in convictions and certain convictions that have been sealed, dismissed, expunged or otherwise legally eradicated.
Adverse Employment Action
California Civil Code § 1786.40 provides additional requirements when employment, housing or certain insurance decisions are made based on an investigative consumer report. When employment is denied under circumstances in which an investigative consumer report was obtained, the user of the report must advise the consumer and provide the name and address of the investigative consumer reporting agency that prepared the report.
California law can therefore provide protections beyond those available under the federal FCRA. Which requirements apply depends on the type of report, the purpose for which it was obtained and how the information was used.
Why Background Check Errors Happen?
Background checks pull information from databases, court records and other sources, then use that information to create a report about an individual. Errors can occur when records are incomplete, outdated or incorrectly matched. Common problems include:
- Similar or identical names
- Mistaken identity or mixed files
- Data-entry errors
- Incomplete or outdated records
- Duplicate records
- Incorrect employment information
- Incorrect court or public-record information
- Criminal records belonging to another person
- Public records incorrectly matched to the wrong consumer
California law specifically requires investigative consumer reporting agencies to use reasonable procedures to assure the maximum possible accuracy of the information in their reports. California Civil Code § 1786.20(b) establishes this requirement for investigative consumer reports.
When a background check contains inaccurate information, the error can have serious consequences, and consumers may have the right to challenge the report. Depending on the circumstances, federal and California law may provide additional protections and potential legal remedies.
It’s Not You, It’s Your False Background Check
Background checks play a major role in your employment, housing, and future. But screening companies can get the facts wrong. .
Why it matters: A reporting error, outdated record, or a criminal history belonging to someone else creates a misleading picture of who you are and can cost you opportunities you deserve.
The big picture: If your background check contains false or misleading information, you have legal protections. Depending on your circumstances, your case may be protected by:
- The Fair Credit Reporting Act (FCRA)
- California’s Investigative Consumer Reporting Agencies Act (ICRAA)
- California Fair Chance Act governing the use of criminal history in employment decisions.
How we help: The California background check attorneys at Ramos Law will examine exactly what was reported, how it was obtained, and whether the screening company or employer actually followed the law.
The bottom line: You do not need to file a dispute before contacting our California FCRA attorneys. We can help you take action now.
