A background check may have cost you a job or apartment.

Is this an employment screening report or a tenant screening report?

They are produced by different companies under different processes, so start by identifying which one was used. The notices you should have received differ too.

• Employment screening: the employer generally must tell you before using a report, and give you a copy of the report and a summary of rights before taking final adverse action.
• Tenant screening: the landlord or property manager should be able to tell you which screening company produced the report so you can request your own copy.
• Either way, the dispute goes to the screening company that produced the report, not only to the employer or landlord.

See the FTC and CFPB pages listed below for the official description of these notices.

What counts as a background-check error?

An error is a specific statement about you that is inaccurate or incomplete. Being unhappy with a record that is accurate and current is a different situation.

• A record that belongs to a different person with a similar name or date of birth
• A disposition reported incorrectly, such as a dismissed case shown as a conviction
• One case reported as several separate records
• Identifiers that do not match you: name spelling, middle name, date of birth, or case number
• Employment, education, or eviction history attributed to you that is not yours

Reporting time limits depend on the type of information and the circumstances, so check the current record and the notice rather than assuming an old item is improper.

What should you compare, field by field?

Put the screening report next to your own records and work through the identifying details one at a time.

1. Request the full report from the screening company and keep the notice you were given.
2. Compare the name and any middle name or suffix exactly as printed.
3. Compare date of birth and any other identifier shown.
4. Compare the case or file number and the court or jurisdiction.
5. Compare the disposition and the dates: filing, disposition, and any sealing or expungement order.
6. Write a short dispute naming the exact record and the exact field that is wrong, attach copies of your documents, and keep proof of what you sent and when.

When might it make sense to talk with an FCRA attorney?

These are examples worth discussing; you do not have to wait for another dispute to ask about your rights:

• You disputed a documented inaccuracy and the same record was reported again
• The report included a record that is not yours
• The reinvestigation response does not address the documents you sent
• The inaccurate report was used in a decision about a job, promotion, or housing

Credit Hound is not a law firm and does not give legal advice. No one can promise that a case will be accepted or that any particular result will follow.