How to Get False Information Removed From a Background Check

To remove false information from a background check, dispute it in writing with the screening company that produced the report. Under the Fair Credit Reporting Act, that company must investigate your dispute for free and complete the investigation within 30 days, then correct or delete any information it cannot verify.¹ The steps below walk through how to get the report, build a dispute the investigator has to take seriously, and escalate if the first pass does not fix the problem.

Get a Copy of the Report First

You cannot dispute what you have not seen. Federal law entitles you to one free copy of your file every 12 months from each nationwide consumer reporting agency and each specialty reporting company.² You also qualify for a free report if you are unemployed and plan to apply for work within 60 days, receive public assistance, or believe your file contains errors due to fraud. If an employer already took negative action against you based on a report, you have 60 days from that adverse action notice to request a free copy from the screening company named in it.³

Employment background checks are usually run by specialty screening companies, not by the three major credit bureaus. The CFPB maintains a list that includes firms such as Checkr, HireRight, First Advantage, Sterling, and Accurate Background.⁴ If you have applied for jobs recently, the screening company’s name likely appeared on documents you signed. Contact each one that may hold a file on you and request your disclosure. Review every detail: name, date of birth, Social Security number, addresses, criminal records, and employment history.

Identify What Is Actually Wrong

Background check mistakes fall into recurring patterns. Recognizing which one you are dealing with shapes the evidence you will need.

Mixed files, where someone with a similar name or date of birth has their records merged into yours. This is one of the most damaging errors because it can attach a stranger’s criminal history to your report.
Outdated records, such as charges that were dismissed, expunged, or sealed but still appear because the screening company pulled from a database that is not updated regularly.
Misclassified offenses, such as a misdemeanor listed as a felony, or a dismissed charge reported as a conviction.
Data entry mistakes, such as a transposed digit in a Social Security number or a misspelled name that pulls in records belonging to someone else.
Identity theft, where criminal activity or financial accounts were created by someone using your personal information.

Mixed files and outdated records account for the bulk of disputes. If you share a common name, pay extra attention.

Gather Documents That Prove the Error

Go through the report line by line and mark every entry that is wrong, incomplete, or belongs to someone else. Then match each error to a document that shows the correct version:

False criminal record: court records showing the case was dismissed, a certificate of expungement, or documentation that the record belongs to a different person.
Identity theft: a police report and an FTC identity theft affidavit.
Incorrect personal information: a government-issued ID, Social Security card, or birth certificate.
Financial inaccuracies: bank statements, letters from creditors, or account records showing the correct status.

Make copies of everything. Never send originals.

Send the Dispute to the Screening Company

Write to the screening company that produced the report. Include your full name, address, phone number, and the report’s identification number if one was provided. For each error, state what is wrong, what the correct information should be, and which enclosed documents support the correction. Keep the tone factual and specific.

Send the package by certified mail with return receipt requested. The receipt is your proof of delivery and starts the investigation clock. Many screening companies also accept disputes through an online portal, which can be faster; save screenshots and confirmation emails of everything you submit.

The company must begin a free investigation and complete it within 30 days of receiving your dispute.¹ That deadline can be extended by 15 additional days only if you submit more information during the initial window or the dispute followed your free annual report.⁵ The investigator will contact the original source of the information and try to verify it. If the source cannot verify it or confirms the error, the screening company must correct or delete the entry. When the investigation ends, the company must send you the results in writing. If your file was changed, you receive a free copy of the updated report.

Dispute Directly With the Source of the Information

The screening company is not always the root of the problem. It may be faithfully reporting data that was wrong at the source, such as a court, a previous employer, or a creditor. Federal law lets you dispute directly with the entity that furnished the information.⁶ That company must conduct its own investigation and, if the information turns out to be wrong, notify every consumer reporting agency it sent the data to.

This route is especially useful when the screening company’s investigation sided with the source. Going directly to the furnisher forces a second, independent review. Send your dispute to the address the furnisher designates for that purpose, include the same supporting documents, and keep copies. The furnisher must complete its investigation within the same timeline that applies to a consumer reporting agency.⁷

One limitation matters. Furnishers are not required to investigate disputes about certain categories, including identifying details like your name or address (unless tied to a liability dispute), information derived from public records where the furnisher has no account relationship with you, and inquiries. For those, the screening company dispute route is the better option.

Ask for Corrected Reports to Be Sent to Anyone Who Already Saw the Old One

If the investigation results in a correction, you can ask the screening company to send a notice of the correction to any employer who received the incorrect report within the prior two years, and to anyone else who received it within the prior six months.¹ This notification is not automatic. You have to request it. Do so in the same letter or portal message where you receive the corrected report, and keep proof of the request.

If the Dispute Does Not Fix the Error

Add Your Own Statement to the File

If the investigation concludes the information is accurate but you still disagree, you have the right to add a brief written statement to your file explaining your side.¹ The screening company may limit the statement to 100 words, but only if it offers to help you write a clear summary. If the company does not offer that assistance, the word limit does not apply. Either way, the company must include your statement or a summary of it in every future report about you.

File a Complaint With a Federal Agency

You can complain to the Consumer Financial Protection Bureau at consumerfinance.gov/complaint or by calling (855) 411-2372.⁸ You can also report the issue to the Federal Trade Commission at ReportFraud.ftc.gov.⁹ A CFPB complaint is forwarded directly to the screening company, which creates another paper trail and sometimes produces a result the initial dispute did not.

Sue Under the FCRA

If a screening company or furnisher violated the FCRA and that violation caused real harm, you can sue. The damages available depend on whether the violation was willful or merely negligent.

For willful violations, you can recover either your actual damages or statutory damages between $100 and $1,000 per violation, whichever is greater. Courts can also award punitive damages, plus attorney’s fees and court costs.¹⁰
For negligent violations, you can recover actual damages plus attorney’s fees and court costs, but not punitive or statutory damages.¹¹

A company that ignores your dispute entirely or keeps reporting information it knows is false is more likely to face a willful noncompliance finding. A company that investigated but did a sloppy job might be negligent. Many FCRA attorneys work on contingency because the statute awards fees to winning plaintiffs.

You must file suit within two years of discovering the violation or five years from the date it occurred, whichever comes first.¹² The discovery clock starts when you learned or should have learned about the problem, not when you got around to dealing with it.

Some Old Information Should Not Appear at All

Even accurate negative information has a reporting expiration date under federal law. A screening company generally cannot include adverse items older than seven years, with a few exceptions:¹³

Bankruptcies: reportable for up to 10 years from the date of filing.
Arrests that did not lead to conviction: reportable for seven years from the date of entry.
Civil judgments and paid tax liens: reportable for seven years.
Collections and charge-offs: reportable for seven years.
Criminal convictions: no federal time limit. Convictions can be reported indefinitely.

An arrest from nine years ago that never resulted in a conviction is a clear violation of these limits and should be disputed on that basis alone. The seven-year clock for an arrest starts from the date of the charge, not from the date of dismissal, so the entire record, including the dismissal, becomes unreportable once the window closes. Some states impose stricter limits than the federal rule.

1
Office of the Law Revision Counsel. United States Code Title 15 – Section 1681i
2
Office of the Law Revision Counsel. United States Code Title 15 – Section 1681j
3
Consumer Financial Protection Bureau. A Summary of Your Rights Under the Fair Credit Reporting Act
4
Consumer Financial Protection Bureau. List of Consumer Reporting Companies
5
Consumer Financial Protection Bureau. How Long Does It Take to Repair an Error on a Credit Report
6
Office of the Law Revision Counsel. United States Code Title 15 – Section 1681s-2
7
eCFR. Title 16, Part 660 – Duties of Furnishers of Information to Consumer Reporting Agencies
8
Consumer Financial Protection Bureau. Submit a Complaint About a Financial Product or Service
9
Federal Trade Commission. Employer Background Checks and Your Rights
10
Office of the Law Revision Counsel. United States Code Title 15 – Section 1681n
11
Office of the Law Revision Counsel. United States Code Title 15 – Section 1681o
12
Office of the Law Revision Counsel. United States Code Title 15 – Section 1681p
13
Office of the Law Revision Counsel. United States Code Title 15 – Section 1681c