Imagine losing a job, housing, or even a professional license because of information that shouldn’t even be there. It happens more often than you’d think; a court record shows up wrong on a background check, and suddenly your life is on hold for an error you didn’t cause.
Second chances include the right to accurate information. Here’s what you can do when the courts, or the companies that report on them, get it wrong.
How Do Court Record Errors Happen?
Background check mistakes come in all shapes and sizes:
- A dismissed charge shows up as a conviction. An expunged record still appears.
- Someone else’s case (same name, different person) is wrongly linked to you.
- A clerical error at the courthouse never gets fixed.
And while it may feel like you’re powerless, you do have rights.
Step 1: Get the Report
First, get a copy of the background check that has the wrong info.
If an employer, landlord, or licensing board used that report to deny you something, they’re legally required under the Fair Credit Reporting Act (FCRA) to give you a copy.
Find out more here.
Step 2: Figure Out Who Got It Wrong
Is it the court record itself that’s wrong or did the background check company mess up?
Check the original case files at the courthouse. Get certified copies of the correct paperwork: dismissals, expungements, or the correct docket.
Step 3: Dispute It — In Writing
You have the right to dispute inaccurate info with the background check company.
Under the FCRA, they have to investigate and fix it within 30 days (or 45 days in some cases).
Attach your proof; docket sheets, court orders, or certified copies.
If the court record itself is wrong, which is very common, you’ll need to contact the clerk’s office. Sometimes it’s as simple as a correction; other times, you may have to file a motion.
Sample Dispute Letter:
[Your Name][Your Address][City, State, ZIP Code][Your Phone Number][Your Email Address][Date]
⸻
[Name of Background Check Company][Company Address][City, State, ZIP Code]
⸻
Subject: Dispute of Inaccurate Information on Background Check Report
⸻
To Whom It May Concern,
I am writing to formally dispute inaccurate information included in my background check report prepared by [Background Check Company’s Name].
I recently received a copy of this report dated [Date of Report] and discovered the following inaccurate information:
[Describe the error clearly. Example: “The report incorrectly states that I was convicted of [Charge] in [Court Name] on [Date]. In fact, this charge was dismissed on [Date].”]
I am requesting that you reinvestigate this matter under my rights provided by the Fair Credit Reporting Act (FCRA) and remove or correct the inaccurate information as soon as possible.
Please see the attached documentation supporting my dispute:
• [List of documents attached, e.g., “Certified copy of the court dismissal order” or “Expungement certificate.”]
Once your investigation is complete, please provide me with written confirmation of the results and a free copy of the updated report. If this report has been shared with any employers, landlords, or other parties, please send them a corrected version.
If you need any additional information, please contact me at [Your Phone Number] or [Your Email Address].
Thank you for your prompt attention to this matter.
Sincerely,
[Your Signature (if mailing a hard copy)][Your Printed Name]
Tips for Using This Template
- Always attach copies, not originals, of supporting documents.
- Keep proof of delivery (certified mail or email read receipts).
- Save copies of everything; your letter, documents, and any responses.
- You can also adapt this to dispute errors directly with the court clerk if the mistake is in the court record itself.
Step 4: Get Confirmation
Don’t just trust it’s fixed; get it in writing.
A corrected background check should be sent to everyone who got the bad version. Always keep copies of your paperwork and communications.
Step 5: Know When to Get Legal Help
If you lose a job, housing, or an opportunity because of a false record and the reporting agency or court refuses to fix it, you may have a legal claim. The FCRA and other consumer protection laws exist for exactly this reason.
A lawyer who handles consumer rights, record expungement, or civil rights can help you hold the system accountable.
Your Record Shouldn’t Be a Life Sentence for a Clerk’s Mistake
Whether it’s calling out wrongful convictions or holding agencies accountable for sloppy reporting, clutch stands by people clearing their names.
Check your records. Speak up when they’re wrong.
Nobody should pay the price for an error they didn’t cause.
