Credit Blog


False criminal record on background check report

Posted by Brett D. Sherman | May 18, 2022

False criminal records on background check reports are far too common. This year, Sherman & Ticchio has observed a substantial uptick in the number of people who call us after losing out on jobs (or losing existing jobs) because of inaccurate background check reports. We have also seen a big jump in the number of potential clients who contact us after a job offer is rescinded based on an incorrect criminal background check report. And our firm currently is working on more Fair Credit Reporting Act (FCRA) cases about inaccurate background checks than ever before.  

The Fair Credit Reporting Act requires that all consumer reports are compiled in a manner that assures their maximum possible accuracy.  Many people know that credit reports are consumer reports.  Fewer understand that background check reports, including criminal background check reports, are also consumer reports.

The FCRA governs all consumer reporting. Because background check reporting is legally defined as a form of consumer reporting, the companies that furnish background check reports must maintain and follow reasonable procedures to assure the maximum possible accuracy of all background check reports they publish.    

If you lost a job -- or lost out on a job -- because of an inaccurate background check report, you have rights. Contact Sherman & Ticchio or another good consumer law firm to help you enforce those rights.  

About the Author

Brett D. Sherman

In 2020, 2021, and  2022, Brett was selected by Thomson Reuters Super Lawyers as a "Top-Rated Consumer Law Attorney in New York, NY."

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