WHEN THEIR RECORD BECOMES YOUR PROBLEM — Fighting Background Check Mix-Ups

Written By Myrah Del Rosario

In California and across the U.S., background checks are a routine part of life

Whether you're applying for a job, renting an apartment, or pursuing new opportunities. But what happens when a background check mistakenly links you to someone else’s criminal record?

For many consumers, this nightmare becomes a reality. A family member’s criminal history—through no fault of your own—can appear on your background report due to shared names, addresses, or other overlapping identifiers. And the fallout can be severe: lost job offers, denied housing, emotional distress, and reputation damage.

At R23 Law, our California Consumer Protection Attorneys understand how these errors happen and, more importantly, how to fix them.

How a Relative’s Criminal Record Ends Up on Your Background Report

Background check companies often rely on public databases like police records, court filings, and proprietary data aggregators. These systems are not perfect. If your name, Social Security number, or address is similar to someone else's—especially a close relative—their information can end up wrongly associated with you.

For example:

  • A brother or cousin with the same last name and birth year has a conviction in the same county you live in.

  • A shared address appears in both of your records.

  • A background check company fails to match middle names, causing a mix-up.

These errors can stain your report and derail your future. But under the law, you have rights—and R23 Law is here to protect them.

The Emotional and Professional Cost of Background Check Errors

Being falsely linked to someone else’s criminal past is more than a clerical issue. It’s personal. It can trigger:

  • Shame or embarrassment during job interviews

  • Anxiety over future opportunities

  • Unjustified reputational damage

  • Unlawful denials of employment or housing

This situation is more common than many realize. But it’s not one you have to accept.

Steps to Remove a Relative’s Criminal History from Your Background Report

If you believe your background report includes a relative’s criminal history, follow these steps immediately:

1. Get a Copy of the Report

Request a copy of your background report from the company that performed it. You have a legal right under the Fair Credit Reporting Act (FCRA) to obtain this information and check it for accuracy.

2. Identify the Errors

Look for any mention of criminal offenses you didn’t commit. If any item matches your relative's record but not yours, highlight it.

3. Contact the Reporting Agency

Inform the background check company that the record is incorrect. Under federal law, they must investigate your dispute and correct any verified errors. Provide documents proving the criminal history does not belong to you.

4. Gather Supporting Documents

Use birth certificates, court orders, or other legal paperwork to prove your identity—and distinguish it from the relative’s.

5. File a Formal Dispute

Dispute the incorrect information in writing, ideally via certified mail. Keep copies of all correspondence. The background check agency generally has 30 days to resolve the issue.

6. Track the Resolution

Stay vigilant. Continue to request updated background reports to ensure the error has been fixed.

7. Contact an Attorney

If you've lost a job or housing due to the background check error, you may be entitled to compensation. R23 Law’s California Consumer Protection Attorneys can evaluate your situation and determine whether your FCRA rights were violated.

Legal Protection Under the FCRA

The Fair Credit Reporting Act (FCRA) protects consumers from inaccurate reporting. Under the FCRA:

  • You have the right to dispute and correct errors.

  • Background check companies must ensure maximum possible accuracy.

  • You may be entitled to actual damages, statutory damages, and attorney’s fees if the reporting agency fails to fix mistakes.

Letting a company publish incorrect information that links you to a crime you didn’t commit is not just unfair—it’s illegal.

Why Work with R23 Law?

R23 Law’s California Consumer Protection Attorneys have extensive experience holding background check companies accountable. We specialize in correcting reporting errors that unfairly tie you to someone else’s record.

Whether your background report was used in an employment decision, housing denial, or licensing rejection, we can:

  • Demand correction of the report

  • Pursue legal claims under the FCRA

  • Seek compensation for emotional and financial harm

  • Provide multilingual legal representation across California

Don’t Let Their Mistakes Define You

A relative’s criminal record shouldn’t follow you. If you're being judged for someone else’s past, it's time to act. R23 Law is committed to restoring your good name and protecting your future.

📞 Schedule your free consultation today with R23 Law’s California Consumer Protection Attorneys.
 Let us help you clear your name—and take back control of your background.

Myrah Del Rosario
Previous

FRAUD ALERT FATIGUE — How to Clear Your Credit Report and Reclaim Control
Next

FIRED BY A BACKGROUND CHECK —  Why Employers Get Sued, and What You Can Do About It