Wisconsin Background Check Error Attorney
A single background check can decide whether you get the job, the apartment, or the loan. When that report is wrong — someone else's criminal record, an expunged case that should be gone, a job you never left listed as a firing — the consequences land on you, not on the company that made the mistake. The good news is that federal law gives you the right to fix these errors and to hold the background check company accountable, and in most cases the wrongdoer pays your attorney's fees — not you.
Attorney Nathan DeLadurantey represents Wisconsin consumers against the background check and consumer reporting companies that report inaccurate information about them. We are a consumer-side firm based in Waukesha, serving clients across the state. Consultations are free, and same-day appointments are available.
What Counts as a "Background Check" Under the Law
Most employment and rental background checks are run by companies the law calls consumer reporting agencies (CRAs) — businesses like Checkr, Sterling, HireRight, First Advantage, and the tenant-screening arms of TransUnion, Experian, and RealPage. Because they sell reports used to make decisions about you, they are governed by the same federal law that covers your credit report: the Fair Credit Reporting Act (FCRA).
That matters, because the FCRA requires these companies to follow reasonable procedures to assure the maximum possible accuracy of what they report, to investigate your disputes, and — when a report is used for a job — to make sure adverse public-record information is complete and up to date. When they cut corners and you get hurt, you have rights.
Common Background Check Errors We Pursue
We help Wisconsin consumers with background check problems such as:
- Someone else's criminal record showing up on your report (a "mixed file")
- Arrests or charges that were dismissed, expunged, or sealed still appearing
- The same offense reported multiple times, making one case look like several
- A misdemeanor reported as a felony, or a wrong disposition
- Outdated records reported past the time limits the FCRA allows
- Wrong employment or eviction history — jobs you never held, or an eviction that isn't yours
- Mismatched identity because you share a name, birthdate, or partial Social Security number with someone else
If you disputed one of these and the company "verified" it as accurate anyway, that's often exactly when a claim arises.
The Damage a Wrong Report Causes
Background check errors are not just paperwork problems. A mistaken report can cost you a job offer that was already extended, get you fired from a job you were doing well, or leave you turned down for apartment after apartment with no explanation you can fix on your own. The financial hit — lost wages, a lost place to live, missed opportunities — is real, and so is the stress of being told you are someone you're not.
How These Errors Happen
Background check companies build reports fast and cheaply, often by matching records on partial information like a name and date of birth rather than confirming the record actually belongs to you. They pull from third-party databases that are not always updated when a court dismisses a charge or orders a record sealed. The result is predictable: the wrong person's history ends up on your report, or an old case that should be gone keeps resurfacing.
Your Rights and What a Case Could Be Worth
When a background check company violates the FCRA, you may be entitled to several types of relief:
- Actual damages — real losses like lost wages, a lost job offer, denied housing, and the time and stress of fighting the error
- Statutory damages — set amounts the law allows for willful violations, even without proving an exact dollar figure of harm
- Punitive damages — additional damages when a violation is willful
- Attorney's fees and costs — paid by the other side when you prevail
We'll review your situation and explain honestly what relief may realistically be available. Nothing here is a promise of a particular outcome — it's an overview of what the law provides.
Explore Your Situation
Background check problems tend to fall into a few categories. These pages go deeper on each:
- Employment background check errors — lost a job or offer over a report
- Tenant and rental screening report errors — denied an apartment
- Criminal background check errors and mixed files — records that aren't yours or should be gone
- How to dispute a background check — the step-by-step process
Because many background check errors overlap with credit reporting, you may also want to read about credit report errors and the FCRA and disputing incorrect information.
Why a Wisconsin Firm Beats a National 1-800 Number
Many of the results you'll find for background check help are national lead-generation sites or out-of-state firms. Attorney Nathan DeLadurantey is Wisconsin-based and admitted in the Eastern District of Wisconsin, the Western District of Wisconsin, and the Seventh Circuit Court of Appeals, so we can bring your case wherever in Wisconsin it belongs. The firm is entirely consumer-side and has been recognized by Super Lawyers and the Wisconsin Law Journal for consumer protection litigation. You work directly with the attorney you hired.
Serving Consumers Across Wisconsin
We represent consumers with background check and FCRA claims throughout Wisconsin, including Milwaukee, Waukesha, Racine, Kenosha, Green Bay, Appleton, the Fox Valley, Madison, La Crosse, Eau Claire, and everywhere in between.
Talk to a Wisconsin Background Check Attorney for Free
If a background check cost you a job or an apartment and you can't get the error fixed, don't keep fighting alone. Call 414.377.0515 or contact us online for a free consultation, and we'll explain your rights and how the no-cost-to-you fee arrangement works.
Frequently Asked Questions
Can I sue a background check company for a mistake on my report?
Yes. If a background check company fails to follow reasonable procedures to keep your report accurate, or fails to properly investigate your dispute, the FCRA lets you bring a claim for damages — and the company may have to pay your attorney's fees if you win.
Does it cost anything to hire a background check error lawyer in Wisconsin?
In most FCRA cases the law shifts your attorney's fees to the losing party, so you typically pay nothing out of pocket. We'll explain the exact arrangement during your free consultation.
How long do I have to bring a background check claim?
FCRA claims have a limited filing window, generally measured from when you discovered the violation, with an outer limit as well. Because deadlines vary by situation, it's best to talk to a lawyer promptly rather than risk losing your rights.
Should I dispute the error before calling a lawyer?
Usually yes — a written dispute creates the record that often turns a frustrating error into a legal claim if the company fails to fix it. Our page on how to dispute a background check walks through the steps, and you're welcome to call us before or after you dispute.
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.
