Criminal Background Check Errors & Mixed Files in Wisconsin
Few report errors are as damaging as a criminal record that shouldn't be there. Whether it belongs to someone else entirely, or it's a case of yours that a court dismissed, expunged, or sealed years ago, a wrong criminal entry can cost you jobs, apartments, and your reputation. The Fair Credit Reporting Act gives you the right to correct it and to hold the reporting company accountable — usually at no cost to you.
Attorney Nathan DeLadurantey represents Wisconsin consumers whose background checks report criminal information that is wrong, outdated, or not theirs. Consultations are free.
What Is a "Mixed File"?
A mixed file happens when a background check company attaches someone else's criminal record to your report. It usually starts with lazy matching — the company links a record to you based on a shared name, a partial Social Security number, or the same date of birth, without confirming the case is actually yours. Suddenly a stranger's charges or convictions appear on your report, and each new report can bring them back even after you thought you'd cleared them.
Mixed files are among the most damaging and stubborn errors in background screening, and they're a common reason consumers need a lawyer rather than another round of disputes.
Expunged, Sealed, and Dismissed Records That Won't Go Away
When a court expunges, seals, or dismisses a case, it should no longer surface on an employment or housing background check. But screening companies pull from third-party databases that often aren't updated when the court acts. So an arrest that never led to a conviction, or a case a judge ordered sealed, can keep showing up. When a company reports a record it should have known was dismissed, expunged, or too old to report, that can be a clear FCRA violation.
Common Criminal Record Errors
- Another person's criminal history attributed to you (a mixed file)
- Expunged, sealed, or dismissed cases still appearing
- Arrests that never led to a conviction reported beyond the time the FCRA allows
- A single charge reported multiple times, inflating your apparent record
- A misdemeanor reported as a felony, or the wrong disposition or charge
- Cases reported to the wrong person because of a name or birthdate match
The Law Limits What Can Be Reported
The FCRA restricts how long and how accurately criminal information can be reported, and requires companies to follow reasonable procedures to assure maximum possible accuracy. When a report is used for employment, the company must also either notify you when it reports adverse public-record information or keep strict procedures to ensure that information is complete and up to date. A company that ignores these duties and reports a wrong or stale criminal record can be held liable for your damages and your attorney's fees.
What to Do About a Wrong Criminal Record
- Get the report that contains the error, and the adverse action notice if a job or apartment was denied.
- Gather proof — court records showing dismissal, expungement, sealing, or that the case isn't yours.
- Dispute in writing with the background check company and attach your documentation. See how to dispute a background check.
- Save everything, including the report before and after your dispute.
- Call a lawyer if it isn't fixed or if it reappears — that's often when a claim arises.
What Your Case Could Be Worth
Under the FCRA you may recover actual damages, statutory damages for willful violations, punitive damages, and attorney's fees and costs paid by the other side. Because criminal-record errors often surface through identity theft or overlap with credit reporting problems, we look at the full picture of what happened to you.
Talk to a Wisconsin Background Check Attorney
If your background check reports a criminal record that's wrong or should be gone, call 414.377.0515 or contact us online for a free consultation. Learn more on our main background check errors page.
Frequently Asked Questions
My record was expunged but it still shows up. Is that legal?
Generally no. If a background check company reports a case that was expunged, sealed, or dismissed, and fails to correct it after you dispute with proof, that can violate the FCRA and support a claim for damages.
The criminal record on my report belongs to someone else. What do I do?
Dispute it in writing with proof that the case isn't yours, and keep copies. If the company "verifies" it anyway or fails to remove it, contact us — mixed-file cases are a core part of our practice.
How long do I have to file?
FCRA claims have a limited filing window measured from when you discovered the violation. Talk to a lawyer promptly to protect your rights.
This page is for general information and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your situation, consult a licensed Wisconsin attorney.