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Practice Area · Employment Background Check Errors (FCRA)

Lost a job over a wrong background check?
The law gives you a way to fight back.

A mixed-up identity, a dismissed charge that still shows as a conviction, or a record that should have been sealed can cost you a job offer, a promotion, or your current job. Dolgora Law PLLC helps New Yorkers correct inaccurate background reports and pursue claims against the screening companies and employers that violate the law.

What This Looks Like

A background check error can end a job before it starts

Employers rely on background screening companies to report criminal records, employment history, education, and more. These companies pull data from large databases and court records, and the data is often incomplete, outdated, or attached to the wrong person. Common errors include records belonging to someone with a similar name, charges that were dismissed or sealed but still appear, misclassified offenses, duplicate entries, and incorrect job titles or dates.

The Fair Credit Reporting Act (FCRA) treats screening companies as consumer reporting agencies. They must follow reasonable procedures to report information accurately, and employers must follow specific steps — written disclosure, your authorization, and a chance to respond before they act on a report. New York law adds further protections, including limits on how employers may use criminal history. When these rules are ignored, you may be entitled to damages, not just a corrected report.

How We Help

What happens when you work with us

01

Get your report

We help you request a copy of the report from the screening company and the notices the employer sent you, so we can see exactly what was reported and what was done with it.

02

Identify the errors

We compare the report to your actual record and history to pinpoint what is wrong, outdated, sealed, or belongs to someone else.

03

Dispute the inaccurate information

We prepare a written dispute with supporting documents, such as court records, so the screening company has to investigate and correct the report.

04

Check the employer’s process

We review whether the employer gave proper disclosure, got your authorization, and sent the required pre-adverse and adverse action notices before acting.

05

Pursue what you are owed

Where the screening company or employer broke the law, we pursue claims for damages on your behalf.

06

You receive

A corrected report, accountability for those responsible, and compensation for the harm done.

Common Questions

Employment background check FAQs

What kinds of errors appear on employment background checks?
Common errors include criminal records that belong to someone with a similar name or Social Security number, charges that were dismissed or sealed but still appear, offenses reported at the wrong severity, the same record listed more than once, and wrong employment or education history. Even one error can cost you a job offer.
Can an employer run a background check without my permission?
Generally no. Under the FCRA, an employer must give you a clear, standalone written disclosure that a report will be obtained and get your written authorization before the report is pulled. If an employer skipped these steps, that may be a violation on its own.
What must an employer do before denying me a job based on a background check?
Before taking adverse action, the employer must send you a pre-adverse action notice with a copy of the report and a summary of your FCRA rights, and give you a reasonable chance to respond. If it then decides against you, it must send a final adverse action notice. An employer that skips this process may have violated the law, even if the report was accurate.
How do I dispute an error on my background check?
Request a copy of the report from the screening company, then dispute each inaccurate item in writing and include supporting documents such as court records. The company generally has about 30 days to investigate. Keep copies of everything and note the dates.
Can I sue a background check company?
Possibly. Screening companies must follow reasonable procedures to ensure maximum possible accuracy and must reinvestigate disputes. If they fail to, you may be able to recover actual damages, statutory damages for willful violations, punitive damages in some cases, and attorney’s fees and costs. An attorney can evaluate what may apply to you.
Does New York limit how employers can use my criminal history?
Yes. New York State and New York City law restrict how employers may consider criminal history, including requirements to weigh certain factors and, in New York City, to follow a fair chance process before withdrawing an offer. Whether those rules were followed in your case is something an attorney can review.
How much does it cost to work with an attorney?
The FCRA allows a consumer who proves a violation to recover reasonable attorney’s fees from the company that broke the law. Contact us for a free case evaluation to talk about your situation and how fees would work.
Can I get compensation for an employment background screening error?
Possibly. If a screening company reported inaccurate information or ignored your dispute, or an employer skipped the required notices, you may have a claim under the Fair Credit Reporting Act. Depending on the violation, you may recover actual damages such as lost wages, statutory damages for willful violations, punitive damages in some cases, and attorney’s fees and costs. Contact us for a free case evaluation.

See more FAQs on employment background check errors →

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