At Marcus & Zelman, LLC, we understand the profound impact that inaccurate background checks can have on your life. Background checks are commonly used by employers, and landlords, to assess an individual’s suitability for a job and/or housing. However, when these checks contain errors or misleading information, they can lead to wrongful denials, job losses, and emotional distress. Our firm specializes in background check litigation, advocating for consumers whose rights have been violated under the Fair Credit Reporting Act (FCRA).
Understanding Background Check Errors
Background checks can include various types of information, such as criminal records, credit history, and employment verification. Mistakes can occur due to clerical errors, outdated information, or the presence of false data. These inaccuracies can have serious consequences, including:
- Employment Denial: Many employers rely heavily on background checks when making hiring decisions. An inaccurate report may lead to losing a job opportunity, even if you are qualified.
- Housing Issues: Landlords often use background checks to determine tenant eligibility. An erroneous report can result in denied applications or evictions.
How We Can Help
If you believe you have been harmed by an inaccurate background check, our experienced attorneys are here to assist you. We provide comprehensive legal support, including:
- Case Evaluation: We will review your background check and any adverse actions taken against you to determine if you have a valid claim.
- Dispute Process: We will guide you through the process of disputing inaccuracies with the reporting agency, ensuring that your rights are protected.
- Litigation: If necessary, we will represent you in litigation against negligent employers, landlords, or background check companies that have violated the FCRA.
Your Rights Matter
Don’t let inaccurate background checks dictate your future. At Marcus & Zelman, LLC, we are passionate about fighting for your rights and ensuring that you receive the justice you deserve. Our team of dedicated attorneys has the knowledge and experience to handle background check litigation cases effectively.
Click the link above, fill out the form, and an attorney will review your matter. Together, we can work toward rectifying inaccuracies and restoring your reputation. Let us help you navigate the legal complexities and advocate for your rights in the face of unjust background check practices.
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Frequently Asked Questions
The companies that produce background check reports like Checkr, HireRight, Sterling, Applicant Insight, GoodHire, First Advantage are required to give you a copy of any background check they have sold to a potential employer or landlord. The best way to get a copy and preserve your rights is to call the company that produced the report and request that they send you an electronic copy of the report. Be cautious when ordering new copies online as some of these companies will make you agree to their terms and conditions before supplying it. You are not required to agree to their terms and conditions to get a copy of your report.
NO! Expunged and/or sealed records are NOT permitted to appear on a consumer background check. Expungement/Sealing means the courts are closing off these records to the public and so a consumer reporting agency is not allowed to include this information. Make sure you locate a copy of your expungement record and/or sealing documentation from the court, and you can 1) get these records removed and 2) get compensation for any loss due to these errors.
The unfortunate answer here is no. While you may have a state law claim for a record that is more than 7 years old, federal law under the Fair Credit Reporting Act has held that a “conviction” is anything other than a plea of not guilty or a dismissal. This means that even a “no contest” plea as part of a deal with the prosecutor could stay on your record indefinitely. HOWEVER, make sure that all the other information being reported about this charge is being reported correctly. For instance, if your plea involved probation but the report is listing “time served”, this is an inaccuracy that could be harming you.
Some of the background check errors or concerns that we can help you with are:
- Reporting records that don’t belong to you
- Reporting the wrong disposition or severity of criminal cases
- Failing to update public records to show the final result (like a lien that is later satisfied or withdrawn or an eviction claim that is dismissed or settled)
- Lack of notice from reporting companies when they provide reports to employers before and adverse action
- Inadequate disclosures of intent to obtain reports by employers
We offer a NO COST, FREE evaluation of your background reports to see if there are any errors that we may be able to help you with. If we think you have a case and you decide you move forward, we work on a contingency basis which means we do not get paid unless you get paid. We have over a decade of experience helping consumers assert their consumer rights.
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