Guide
What this guide covers
Background checks are governed primarily by the Fair Credit Reporting Act (FCRA) and give consumers specific rights, including the right to obtain a copy of any report used against you, to dispute inaccurate information, and to be notified before an adverse employment or housing decision is made. This guide covers FCRA rights, the 7-year reporting rule, how to dispute errors, ban-the-box laws, and answers to the most common questions. Updated March 2026.
Guide
Background Check Help: Disputing Errors, FCRA Rights, and Fixing Your Record
Every year, millions of Americans are denied jobs, housing, or credit because of errors in background check reports. The Fair Credit Reporting Act (FCRA) gives you powerful rights to correct these errors, but exercising those rights requires knowing exactly what the law says and following the dispute process precisely.
Key point: a willful FCRA violation lets you sue for actual damages or for $100 to $1,000 per violation, so keep everything in writing and send disputes by certified mail.
Your Four Core FCRA Rights
| Right | FCRA Section | What You Can Do | Deadline for CRA |
|---|---|---|---|
| Right to Know | §609 | Get a copy of your report from any CRA that has a file on you | 15 days for a free annual report request |
| Right to Dispute | §611 | Dispute any inaccurate, incomplete, or unverifiable item | 30 days to reinvestigate (45 with new info) |
| Right to Adverse Action Notice | §604(b)(3), §615 | Learn when a background check was used against you; get a copy | Before adverse action is taken |
| Right to Sue | §616, §617 | Sue for actual damages, or $100 to $1,000 for a willful violation, plus attorney's fees | 2 years after you discover it, 5 years at most |
The Adverse Action Process: What Must Happen Before You're Rejected
The FCRA requires a two-step process before an employer takes an adverse action (reject, fire or deny) based on a background check. Landlords and lenders owe you the final notice in step 2.
Step 1, pre-adverse action notice: you must receive a copy of the background check report and a written Summary of Your Rights under the FCRA (a specific FTC document) before the decision is final. You must have "a reasonable time" (FTC guidance: at least 5 business days) to review and respond.
Step 2, final adverse action notice: if the employer goes ahead, it must send a final notice naming the CRA and its contact information, and stating that the CRA did not make the decision and cannot explain why.
Many employers skip step 1 entirely. That is an FCRA violation, and if it was willful you can sue for statutory damages.
Identifying Common Report Errors
The most common errors in background check reports:
Mixed files: another person's records are attached to your file because of a common name or similar identifying information.
Outdated information: an item beyond its legally reportable period (arrests older than 7 years, bankruptcies older than 10 years for Chapter 7).
Dismissed charges reported as convictions: the arrest was reported without the later dismissal.
Expunged records: the court ordered expungement but the CRA's database has not been updated.
Wrong jurisdiction: a record of a different person in a state you never lived in.
Incorrect disposition: a misdemeanor reported as a felony or the other way around.
How to Dispute: The Exact Process
1. Get the full report. Request it from the CRA named in the adverse action notice. It must give it to you free if you ask within 60 days of the notice.
2. Identify the error precisely. Note the exact case number, jurisdiction, and what is wrong. Get the court's official disposition record.
3. Send a dispute letter by certified mail. Address it to the CRA's dispute department. Include: your full name, DOB, SSN (last 4), current address, specific item being disputed, reason it is inaccurate, and copies (NOT originals) of supporting court documents.
4. CRA has 30 days to reinvestigate. They must contact the original source (court, law enforcement agency). If the source cannot verify the record, the CRA must delete it.
5. Also dispute with the original source. Send the same dispute to the court or law enforcement agency that holds the record, so the error is fixed at the source. Lenders and other businesses that report to a CRA (furnishers) must investigate disputes under FCRA §623.
6. Get the updated report. The CRA must send you a free updated copy after completing the investigation.
7. Add a statement of dispute. If the dispute is not resolved you may add a statement to your file (FCRA §611(b)); the CRA may limit it to 100 words. Consult an FCRA attorney; many take cases on contingency.
FCRA Attorneys and No-Cost Resources
Report an FCRA problem to the federal agencies, or find a consumer attorney through your state bar.
- CFPB, Submit a ComplaintThe CFPB sends it to the company for a response
- FTC, ReportFraudReport fraud, scams and bad business practices to the FTC
- Find an AttorneyState bar lookups for every state
A willful FCRA violation carries statutory damages of $100 to $1,000 with no proof of actual harm, plus attorney's fees, which is why many consumer attorneys take FCRA cases on contingency.
Related Guides
Guide
Your FCRA Rights
- FTC, Employer Background Checks and Your RightsWhat employers may check and the notices they owe you
- CFPB, Credit Reports and ScoresGet, read and dispute your credit reports
- FTC, Using Consumer Reports: What Employers Need to KnowEmployer duties under the FCRA
- AnnualCreditReport.comFree weekly reports from Equifax, Experian and TransUnion
Guide
The 7-Year Rule & Reporting Limits
Under FCRA section 605, a background report may not include arrest records, civil suits and civil judgments older than seven years (or until the statute of limitations runs, if longer), paid tax liens or collection accounts older than seven years, or bankruptcies older than ten years. Convictions have no federal time limit. These limits do not apply to a job paying $75,000 a year or more.
- FTC, Fair Credit Reporting ActThe full text of the law, revised March 2026
- CFPB, How to Dispute an Error on Your Credit ReportContact both the credit bureau and the company that reported it
- FTC, Disputing Errors on Your Credit ReportsIncludes a sample dispute letter
- OGIS, FOIA OmbudsmanMediation when a federal records request stalls
Guide
Ban-the-Box & Fair Chance Laws
Ban-the-box and fair chance laws delay questions about criminal history in hiring. With some exceptions, federal agencies and their contractors may not ask before a conditional job offer. California bars most employers with five or more workers from asking before a job offer. Other state and city rules differ.
- OPM, Fair Chance to Compete for Jobs RuleFederal hiring: no criminal history questions before a conditional offer
- California Civil Rights Department, Fair Chance ActCalifornia's ban-the-box law for employers with five or more workers
- EEOC, Arrest and Conviction Records Guidance for EmployersWhen arrest or conviction records in hiring can violate Title VII
- DOL, Reentry Employment OpportunitiesFederal reentry job programs, including the Federal Bonding Program
- Clearing Your RecordExpungement and sealing rules by state
Straight answers
Questions about your background check rights
Open only the answer you need.
What rights do I have under the FCRA regarding background checks?
Under the Fair Credit Reporting Act you have the right to be notified when a background check is used against you, to receive a free copy of your report, to dispute inaccurate information, and to receive a Summary of Rights before adverse action is taken.
How do I dispute an error on my background check?
Contact both the consumer reporting agency (CRA) that issued the report and the original source of the incorrect information. The CRA must investigate within 30 days and correct or delete unverifiable data.
What is the 7-year rule for background checks?
Under the FCRA, civil suits, civil judgments and arrest records older than seven years (or the statute of limitations, if longer), and paid tax liens and collection accounts older than seven years, may not be reported. Bankruptcies can be reported for ten years. Criminal convictions have no federal time limit. These limits do not apply to jobs paying $75,000 a year or more (15 U.S.C. 1681c).
What are ban-the-box laws?
Ban the box laws stop employers from asking about criminal history on the job application and move the question later in hiring. Many states and cities have them, and some cover only public employers, so check your state and city law. Federal agencies and federal contractors follow the federal Fair Chance Act (5 U.S.C. 9202 and 41 U.S.C. 4714).
What is the difference between a soft and hard inquiry on a background check?
A soft inquiry (e.g., a self-check or employer pre-screen with permission) does not affect your credit score. A hard inquiry (e.g., a credit application) is visible to lenders and may temporarily lower your score.
All states
Background Checks by state
Every state page lists that state's official background check sources, each opened and verified.