Understanding Criminal Background Reporting Errors and How to Correct Them
The criminal background reporting system in the United States is designed to inform employers, landlords, and other decision-makers about an individual's criminal history. However, these reports frequently contain errors that can cause significant harm to individuals.
What are Criminal Background Reporting Agencies?
In the U.S., numerous agencies compile criminal background reports. These agencies collect information from various sources, including court records, law enforcement agencies, and correctional institutions. This information is used to create a report detailing an individual's criminal history.
Consequences of Criminal Background Reporting Errors
Errors in criminal background reports can have disastrous impacts on an individual's life. Inaccurate information can prevent individuals from securing employment, housing, or professional licenses. While errors in criminal background reports are common, many people are not aware that they have the right to have inaccurate information corrected.
Types of Criminal Background Reporting Errors
Criminal background reporting errors can occur for various reasons:
- Errors Caused by the Reporting Agency: Mixed or merged files can occur when a reporting agency combines information for two individuals.
- Errors Originated by Data Sources: Sometimes, the source of the information (e.g., court records) may have incorrect or outdated information.
- Identity Theft: Errors can also result from identity theft, where an individual's information is used by another person to commit crimes.
How to Check Your Criminal Background Report
It is essential to periodically check your criminal background report for accuracy. You can obtain your report from the agencies that provide background check services. If you find any inaccuracies, you have the right to dispute them.
Legal Remedies for Criminal Background Reporting Errors
The Fair Credit Reporting Act (FCRA) provides consumers with the right to dispute inaccuracies in their reports and seek corrections. The FCRA requires reporting agencies to assure the “maximum possible accuracy” of the information they compile. If the agencies fail to correct the errors after a dispute, you may be entitled to sue for damages.
Correcting Criminal Background Reporting Errors and Seeking Compensation
If the information is not corrected after a dispute, you can take legal action to obtain a corrected report and seek compensation for damages, including financial harm and emotional suffering. The law also provides for punitive damages in cases of intentional wrongdoing.
How to Retain Legal Representation Without Paying Attorney’s Fees
In criminal background report error cases, clients typically pay no attorney’s fees for litigation in court. Our firm is paid only if your case is won or settled. Delaying may cause you to forfeit your rights due to the FCRA’s statute of limitations.
Contact Us for a Free Evaluation
If you have errors on your criminal background report or suspect identity theft, contact us for a free telephone evaluation. Protect your rights and ensure the accuracy of your criminal history report.
