Denied a Job or Housing Due to a Background Check Error?

Learn what counts as an error under federal law and see if you have a case.
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You Have the Right to an Accurate Background Check

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.

Who May Qualify

You May Qualify If:
  • Your background check contained information that is incorrect, outdated, or does not belong to you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

Who Does NOT Qualify

You Likely Do Not Qualify If:
  • The background check accurately reflects your real criminal history

  • You are looking to remove or expunge valid records

  • You are disputing a valid court decision or legal outcome (even if you disagree with it)
  • 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.

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What Counts as a Background Check Error?

Common Background Check Errors Include:
  • 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

How the Law Applies

How the Fair Credit Reporting Act (FCRA) Protects You

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.

What to Expect

What Happens Next
  • 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.

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We care about protecting our clients

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Our attorneys' skills are creative and zealous

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We get paid when you get paid

RESULTS FIRST

We are driven by the shared vision of consumer representation, not fees.

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Frequently Asked Questions

I was denied a job due to a background check, but I lost my copy of the report. What can I do?

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.

I filed all the paperwork with the court to have my record expunged/sealed. Can it still show up on my background check?

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.

I plead guilty/no-contest to a charge but it was more than 7 years ago, so shouldn’t that come off my report?

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.

What types of inaccuracies or errors on my background reports could you help with?

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
What will it cost me to have Marcus & Zelman evaluate my case?

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.

Client Testimonies (4.9 Stars Google Reviews)

Last year, I broke my elbow at an event where I slipped and fell really hard. I was unable to resume my everyday tasks for months and was in severe pain. At first, I was hesitant to get an attorney. When I finally got the courage to reach out, I knew I could trust the Marcus and Zelman team. They were there for me every step of the way and guided me through this difficult time. From physical therapy, doctors and insurance companies they handled everything seamlessly. I was very impressed by their professionalism, honesty and the result felt like a weight was lifted off my shoulders
Becky from New Jersey / Personal Injury
Imagine calling your mortgage broker and seeking a new mortgage to purchase your retirement home and being told you are currently two months behind on your current mortgage and your credit score has plummeted. Knowing this to be a mistake, I called my mortgage company who, in short, refused to correct their mistake. My credit was so impacted that I couldn't borrow money to do the needed repairs to be completed before moving into our new home on the lake. I maxed out ever credit card and depleted our savings to move in. It was humiliating! After contacting Marcus & Zelman, things began to turn around. The tenacity and unwavering effort they put into my case put me at ease. I felt they would make this wrong - right. The attorneys and I spoke often and were available immediately to speak to me whenever I called. The firm remained focused on the objective to make me whole again.
Peter / Credit Reporting Errors
The calls I was receiving were becoming more and more stressful, but thankfully I had Marcus and Zelman taking control of the situation. Their efforts helped give me the peace of mind I needed. They were always very responsive and informed me of what to expect whenever any future occurrence would arise that I needed to know about. My experience with Marcus and Zelman was phenomenal and I couldn’t recommend them more.
David / Marketing Texts & Calls

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