Background checks are commonly used for employment, housing, and licensing decisions. Under federal law, companies that prepare and furnish background reports, such as Checkr, HireRight, First Advantage, and other third-party screening companies, must ensure the information they provide is accurate, complete, and properly verified. When a background check contains incorrect information and that error costs you a job, housing, or another opportunity, you may have legal rights.
Marcus & Zelman helps individuals evaluate whether inaccuracies in a background report rise to the level of a legal claim under the Fair Credit Reporting Act (FCRA). Not all background check issues qualify. Our role is not to “fix” records, but to hold reporting agencies accountable when they fail to follow the law.
Your background check contained information that is incorrect, outdated, or does not belong to you
The error appeared on a report used for employment, housing, or another eligibility decision
You were denied a job, housing, or opportunity, or suffered another measurable harm
The background check company failed to properly verify or correct the information
You disputed the error and it was “verified” or left unresolved, or the error was never properly investigated
The background check accurately reflects your real criminal history
You are looking to remove or expunge valid records
You are seeking general background cleanup or reputation management
No incorrect information appeared on the report
There was no actual harm (no denial, delay, or consequence)
Marcus & Zelman does not handle criminal defense, challenges to valid court outcomes, expungements, or background “repair” services.
Records belonging to someone with a similar name or date of birth
Expunged or sealed records still appearing on a report
Charges reported as convictions
Incorrect case dispositions or outdated status
Duplicate or mixed files
Inaccurate reporting of arrests that never resulted in conviction
Reporting information that should no longer be legally reportable
Under the FCRA, background check companies must:
Follow reasonable procedures to ensure accuracy
Properly investigate disputes
Correct or remove information that cannot be verified
Avoid reporting certain outdated or legally restricted information
When they fail to meet these obligations and you suffer harm as a result, the law may allow you to seek damages and legal relief.
We review your background check issue to determine if it qualifies under federal law
If the issue appears actionable, we guide you on next steps
There is no obligation to move forward unless a valid claim exists
Not every background check issue qualifies. Our review focuses on legal viability, not volume.

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:
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.