How to dispute a background check
Who to contact, what to send, how the 30-day reinvestigation works and what the screening company must do — a plain guide to correcting a background check that is wrong.
You have the right to dispute a background check
If a background check used to decide on your job, apartment, loan or insurance includes something inaccurate or incomplete, federal law gives you the right to dispute it. The consumer reporting agency that issued the report must reinvestigate free of charge and fix or delete what it cannot verify (15 U.S.C. § 1681i).
Errors are not rare, and they are rarely malicious. The common causes are a record that belongs to someone with the same name, a case that was dismissed or sealed but still shows as open, a charge reported at the wrong level, or an old item that should no longer be reported at all.
Dispute with the company that issued the report
Your dispute goes to the consumer reporting agency — the screening company that prepared the report — not to the employer or landlord. The adverse action notice you received must name that agency and give its address and phone number (15 U.S.C. § 1681m). Screening companies such as Checkr, Sterling and HireRight each run a consumer or candidate dispute process; use the one named on your notice.
Tell the employer or landlord too. They are not the ones who correct the report, but a good one will hold the decision while the dispute is open, and they need to know the record may be wrong.
How to dispute a background check
| Step | What to do |
|---|---|
| 1. Get the report | You should have a copy from the pre-adverse action notice. If not, request your free copy from the agency named on the notice — you have 60 days after an adverse action notice. |
| 2. Identify each error | List every item you are disputing and why: not mine, dismissed, sealed or expunged, wrong charge level, too old to report, incomplete. |
| 3. File with the agency | Use the agency’s dispute process (online, mail or phone). Keep a copy of what you send and the date you sent it. |
| 4. Send supporting documents | Court dispositions, expungement or sealing orders, proof of identity, or anything that shows the record is wrong. Never send more personal data than the dispute needs. |
| 5. Watch the clock | The agency generally has 30 days from receipt to finish, up to 15 more if you send relevant information during that time. |
| 6. Read the result | You get written results within five business days of completion, with a revised report if anything changed. |
What a strong dispute includes
- Your full name, date of birth and contact details, so the agency can find your file
- The report’s identifier or date, and the name of the employer or landlord who used it
- Each disputed item, quoted as it appears, with the reason it is wrong
- Documents that support each reason — a dismissal order, a sealing order, a court docket showing the outcome
- For a not-me record: anything that separates you from the other person — a different date of birth, middle name, or that you never lived in that county
What the agency must do — the 30-day reinvestigation
Once the agency receives your dispute, it must conduct a reasonable reinvestigation free of charge and finish within 30 days of receiving it (§ 1681i(a)(1)(A)). If you send relevant information during that period, it may take up to 15 more days (§ 1681i(a)(1)(B)).
If an item turns out to be inaccurate or incomplete, or cannot be verified, the agency must promptly delete or modify it and tell the source that furnished it ( § 1681i(a)(5)(A)). Within five business days of finishing, it must send you written results, including a revised report if the file changed ( § 1681i(a)(6)(A)).
What happens after a background check dispute
Corrected or deleted
The agency fixes the item and sends a revised report. Ask it to send the corrected report to the employer or landlord who used the original.
Verified as accurate
The agency stands by the item. You can add a brief statement of dispute to your file, and the agency must include it or a summary of it in later reports.
Not resolved in time
If the agency misses the deadline or does not respond, you can complain to the Consumer Financial Protection Bureau and seek advice on your options.
Why errors happen — and how screening can prevent them
Most background-check errors start with matching. Public records are filed under names, and a search that attributes a record on a name alone will eventually attach someone else’s history to you. Searching with a full date of birth and showing which identifiers matched catches most of these before a report is ever issued. The guide to reading a background check explains how to spot a weak match on your own report.
If you are an employer, the adverse action process is designed for exactly this: it gives the person a chance to point out an error before the decision is final.
Background check disputes: common questions
How do I dispute a background check?
File a dispute with the consumer reporting agency that issued the report — it is named on your adverse action notice. List each item you are disputing, explain why it is wrong, and attach documents that show it. Keep copies and note the date.
How long does a background check dispute take?
The agency generally has 30 days from receiving your dispute to finish its reinvestigation, extendable by up to 15 days if you send relevant information during that time. It must send written results within five business days of finishing.
Who do I contact to dispute a Checkr background check?
The company that issued your report — if that was Checkr, use Checkr’s candidate dispute process; the same applies to Sterling, HireRight or any other screening company. The adverse action notice must name the agency and how to reach it.
Can an employer hire me while a dispute is open?
Yes. Nothing stops an employer from waiting for the outcome or deciding not to rely on the disputed item. Tell the employer you have filed a dispute and when you expect a result.
What if the record is someone else’s?
Say so in the dispute and include whatever separates you from that person — a different date of birth, middle name, or address history. A record that cannot be verified as yours must be deleted or corrected.
Does disputing a background check cost anything?
No. The reinvestigation is free under 15 U.S.C. § 1681i(a)(1)(A).
What if the agency will not fix it?
You can add a statement of dispute to your file, complain to the Consumer Financial Protection Bureau, and talk to a consumer-rights attorney about your options.
This guide is general information about federal law, not legal advice. Offendersearch results are not a consumer report, and we are not the agency that issued your report.