# A background check mixed you up with someone else > Before an employer or landlord rejects you because of a background report, they generally must give you a copy and a summary of your rights. Tell them right away that the record isn’t yours and you’re disputing it. Dispute in writing with the background check company, which generally must investigate, usually within 30 days, and fix wrong information. Proof like a different birth date or middle name in court records helps. If it isn’t fixed, complain to the CFPB or talk to a consumer lawyer. - URL: https://explained.page/background-check-mistake - Language: en - Last checked: 2026-10-29 - Watch the 1-minute animated guide: https://explained.page/watch?start=background-check-mistake ## Step by step 1. **A background check shows someone else’s record?** Mix-ups happen, especially with common names. Federal law gives you the right to fix it. 2. **You have the right to see it.** Before an employer or landlord turns you down because of a report, they generally must give you a copy and a summary of your rights. 3. **Tell the employer or landlord right away.** Explain calmly that the record isn’t yours and you’re disputing it. Ask them to hold the decision. 4. **Dispute it with the background check company.** Send a dispute in writing to the company that made the report. They generally must investigate, usually within 30 days, and fix or remove wrong information. 5. **Gather proof it isn’t you.** Court records showing a different birth date, middle name or location help. Your ID and fingerprint-based checks can too. 6. **Not fixed? Escalate.** File a complaint with the CFPB. Consumer lawyers can sue companies that don’t follow the law, often at no upfront cost. ## Checklist - Get a copy of the report - Tell the employer or landlord now - Dispute in writing with the company - Gather proof it isn’t you - They must investigate, often in 30 days - Escalate to the CFPB or a lawyer ## Mix-ups happen Background check companies sometimes match records by name alone, mixing you up with someone else, especially with common names. ## Your right to see it Under the federal Fair Credit Reporting Act, before an employer takes action against you based on a background report, it generally must give you a copy and a summary of your rights. Landlords who deny you based on a report must tell you which company provided it. ## Act fast Tell the employer or landlord right away that the information isn’t yours and that you’re disputing it. Ask them to wait. ## Dispute with the company Send a written dispute to the company that made the report, explaining what’s wrong, with your identifying information and proof. They generally must investigate, usually within 30 days, and correct or delete inaccurate information. Ask for a corrected copy to be sent to the employer or landlord. ## Proof that helps Court records showing a different date of birth, middle name or location; your ID; and sometimes a fingerprint-based check. ## If it isn’t fixed File a complaint with the CFPB. Consumer protection lawyers can sue companies that violate the law, often without upfront fees. You can also request your full file from the company. ## Common questions ### Can I get a free copy of my background check? Often yes, especially after being denied based on it. You can also request your file from many screening companies directly. Source page: https://explained.page/background-check-mistake/questions/can-i-get-a-free-copy-of-my-background-check ### Does this apply to tenant screening? Yes. Tenant screening companies are covered by the same federal law. Source page: https://explained.page/background-check-mistake/questions/does-this-apply-to-tenant-screening ### What do I do if a background check has someone else’s record? Get a copy, tell the employer or landlord you’re disputing it, and send a written dispute with proof to the background check company. Source page: https://explained.page/background-check-mistake/questions/what-do-i-do-if-a-background-check-has-someone-elses-record ### How long does a background check company have to fix errors? They generally must investigate a dispute within about 30 days and correct or delete inaccurate information. Source page: https://explained.page/background-check-mistake/questions/how-long-does-a-background-check-company-have-to-fix-errors ### Does an employer have to show me my background check? Before taking adverse action based on it, an employer generally must give you a copy and a summary of your rights. Source page: https://explained.page/background-check-mistake/questions/does-an-employer-have-to-show-me-my-background-check ### Can I sue a background check company for a mistake? Yes, if they violated the Fair Credit Reporting Act, such as failing to follow reasonable procedures or to investigate disputes. Source page: https://explained.page/background-check-mistake/questions/can-i-sue-a-background-check-company-for-a-mistake ### Why do background checks mix people up? Often because records are matched by name without checking birth dates or other identifiers. Source page: https://explained.page/background-check-mistake/questions/why-do-background-checks-mix-people-up ### Where can I complain about a background check company? To the Consumer Financial Protection Bureau (CFPB) and your state attorney general. Source page: https://explained.page/background-check-mistake/questions/where-can-i-complain-about-a-background-check-company ## Official sources - [CFPB: background checks and your rights](https://www.consumerfinance.gov/) - [FTC consumer advice: background checks](https://consumer.ftc.gov/) - [CFPB: submit a complaint](https://www.consumerfinance.gov/complaint/) To find your local office, search for: - "[background check company name] dispute" - "CFPB complaint background check" --- General information, not legal or professional advice. Rules differ by state. From explained.page (www.explained.page). Life’s stuff, explained simply.