How to Dispute a Background Check Error

If a background check has an error on it, you have the right to dispute it — and the company generally must investigate. Done right, a dispute either fixes the problem or creates the record that turns a frustrating mistake into a legal claim. This page walks through the steps and explains your rights under the Fair Credit Reporting Act.

Attorney Nathan DeLadurantey helps Wisconsin consumers when disputes don't work. Consultations are free.

Step 1: Get a Copy of the Report

You can't dispute what you can't see. If a job or apartment was denied because of a background check, you're entitled to an adverse action notice identifying the company that supplied the report, and you can request the report directly from that company. Read it carefully and write down every error.

Step 2: Dispute in Writing

Always dispute in writing rather than only by phone. A written dispute creates a paper trail that matters if the company fails to fix the error. In your dispute:

• Identify each specific error clearly.
• Explain why it's wrong (for example, "this case was dismissed" or "this is not my record").
• Attach copies — never originals — of supporting documents, such as court records showing a dismissal or expungement, or proof of your identity.
• Keep a full copy of everything you send, and send it in a way you can track.

Step 3: Give the Company Time to Investigate

Once you dispute, the background check company generally has about 30 days to investigate and respond. It must look into your dispute, contact the source of the information, and correct or delete anything it cannot verify as accurate. If it makes a change, it must send you an updated report.

Step 4: Watch for the Weaknesses in Their Process

Many companies run disputes through an automated process that simply asks the original data source to confirm what it already reported. If the source rubber-stamps it, the company marks your dispute "verified" and moves on — even when the information is wrong. If that happens to you, it does not mean you're out of options. A "verified" error that's still inaccurate is often exactly when a legal claim arises.

Step 5: Save Everything

Keep the original report, your written dispute, the company's response, and a copy of the report after the investigation. This before-and-after record is powerful evidence if you need to take further action.

Step 6: Talk to a Lawyer If It Isn't Fixed

If the error survives your dispute, comes back after being "corrected," or already cost you a job or an apartment, that's the point at which a Wisconsin FCRA attorney can help. Under the FCRA, a company that fails to follow reasonable procedures or to properly investigate your dispute can be liable for your damages — and for your attorney's fees, which is why our representation typically costs you nothing out of pocket.

Your Rights Under the FCRA, in Plain English

• You have the right to see the report used against you.
• You have the right to dispute anything inaccurate or incomplete.
• The company must investigate, usually within 30 days.
• Inaccurate or unverifiable information must be corrected or deleted.
• If the company gets it wrong and you're harmed, you may recover actual damages, statutory damages, punitive damages, and attorney's fees.

When to Call Sooner Rather Than Later

You don't have to wait until you've exhausted every dispute to talk to a lawyer. If time is critical — a job offer is on the line, or a lease is slipping away — call us early. We can help you dispute correctly the first time and move quickly if the company won't fix its mistake.

Talk to a Wisconsin Background Check Attorney

Call 414.377.0515 or contact us online for a free consultation. For more on specific situations, see employment background check errors, tenant screening report errors, and criminal background check errors, or our main background check errors page.

Frequently Asked Questions

How long does a background check company have to respond to a dispute?

Generally about 30 days from when it receives your dispute. It must investigate, correct or delete anything it can't verify, and send you an updated report if it makes changes.

What if they say the information is "verified" but it's still wrong?

A "verified" but inaccurate result is common and does not end your rights. If the company failed to reasonably investigate, you may have a claim under the FCRA. Save the response and contact a lawyer.

Do I need a lawyer to dispute a background check?

No — you can dispute on your own, and you should. A lawyer becomes valuable when the dispute doesn't fix the error, when the mistake already cost you something, or when you want to make sure your dispute is done right the first time.

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.