Texas Background Check Error Lawyer

You interviewed well. You got the offer. Then, days later, it was pulled because a background check flagged something that isn’t true. 

Maybe it’s a criminal record that belongs to someone else with a similar name. Maybe it’s a decade-old charge that was dismissed but never cleared from the file. Or maybe it’s simply the wrong person’s information attached to your name. Whatever the cause, a job you earned is gone because of a mistake you didn’t make.

Background check errors are far more common than most job seekers realize, and the companies that compile these reports don’t always take the time to get them right. 

Schedule a free consultation with our Texas identity fraud lawyer today. Call 1-844-SHARMIN or complete the short form on our contact page. 

At Sharmin & Sharmin, P.A., we help Texas workers hold background screening companies accountable when their carelessness costs someone a job. With over 20 years of experience litigating under the Fair Credit Reporting Act, we know how to get inaccurate records corrected and how to pursue damages when a screening company’s negligence has already cost you.

What Makes Sharmin & Sharmin Different in Texas Background Check Error Cases

• Deep, focused knowledge of FCRA employment screening law — this is a narrow area most general practice firms simply don’t handle regularly.
• We turn away more cases than we take, so the clients we do represent get real, hands-on attention.
• You never pay out of pocket. Our fee only comes from a successful result.
• Statewide representation, entirely remote. No office visit required, and we respond within 24 hours.
• A firm built on litigation, not just letters — when a screening company won’t budge, we’re prepared to take them to court.

Why Texas Background Check Errors Happen

Background check companies pull information from a patchwork of county courthouses, state repositories, and private databases. This process often produces mistakes. 

Common causes of errors include:

• Identity mix-ups, where a record belonging to someone with a similar name, and sometimes even the same date of birth, gets attached to the wrong file
• Outdated information, such as a charge that was later dismissed, expunged, or reduced, but never updated in the database
• Mismatched records, where county or state data is merged incorrectly across databases with inconsistent formatting
• Duplicate entries, where a single case appears multiple times and makes a minor issue look far more serious than it is
• Stale employment or education verification, reporting outdated job titles, dates, or degree information that no longer reflects reality

What Information Is Included in a Texas Employment Background Check?

Employment background checks can pull from a wide range of sources depending on the position and the screening company used. The types of information most commonly included are:

• Criminal history at the county, state, and federal level
• Past employment verification
• Education and credential verification
• Credit history
• Driving records
• Civil court records, including lawsuits and judgments
• Sex offender registry status

Not every background check includes all of these categories. The scope depends on what the employer requests and what the role requires. Regardless of which categories are searched, the screening company is required under the FCRA to follow reasonable procedures to ensure the information it reports is accurate.

How Are Texas Employment Background Reports Compiled?

Background check companies, known as consumer reporting agencies under federal law, compile their reports by pulling data from public records databases, court systems, credit bureaus, and previous employers. Much of this process is automated, which is where errors tend to occur. Common mistakes include:

Automated name-matching systems pulling records that belong to someone with a similar name or date of birth

• Court records that fail to reflect a charge that was dismissed or expunged
• Old addresses triggering criminal record searches in the wrong jurisdiction
• Screening companies including unverified matches in the final report without manual review

These mistakes may seem like minor technical issues. However, for the person who loses a job offer because of them, the consequences are serious.

Your Rights Under the FCRA in Texas

Background checks used for employment purposes are regulated by the Fair Credit Reporting Act (FCRA), a federal law that gives job applicants real protections, including:

• The right to accurate information. Background check companies are legally required to follow reasonable procedures to ensure the information in your report is accurate.
• The right to know before you’re rejected. If an employer plans to deny you a job, or rescind an offer, based on your background check, they must give you a copy of the report and a summary of your rights before making the decision final.
• The right to dispute errors. You can challenge inaccurate information directly with the screening company, and they’re required to investigate.
• The right to sue for damages. When a screening company fails to follow the FCRA by reporting inaccurate information or ignoring a legitimate dispute, you may be entitled to compensation for lost wages, emotional distress, and other damages.

How Can You Dispute an Incorrect Background Check?

If you discover an error on your background report, the FCRA gives you the right to dispute it directly with the screening company. Once you submit your dispute, the company is required to conduct a reasonable investigation and respond within 30 days. If the information cannot be verified as accurate, it must be corrected or removed.

It is important to submit your dispute in writing and include any supporting documentation, such as court records showing a dismissed charge or proof that a criminal record belongs to a different person. Keep copies of everything you send and use a delivery method that provides confirmation of receipt. This paper trail becomes essential if the company fails to correct the report and you need to take legal action.

Who Is Responsible for an Inaccurate Background Report in Texas?

Depending on the facts and circumstances of your case, liability may fall on more than one party:

• The background check company may be liable if it failed to use reasonable procedures to ensure accuracy or ignored your dispute
• The data furnisher, such as a court system or previous employer, may bear responsibility if it provided incorrect information to the screening company
• The employer may be at fault if it failed to follow the FCRA’s required disclosure and adverse action steps before denying you the position

Each of these parties has specific obligations under federal law, and a violation by any one of them can form the basis of a legal claim.

Finding Out Who Reported the Error in Texas

If you were rejected for a job, or had an offer withdrawn, because of your background check, your prospective employer is required to tell you which company supplied the report, so you can request your own copy and see exactly what it says. 

Some of the most common employment screening companies include:

• Checkr – a technology-driven screening company known for fast, largely automated background checks used by many gig-economy and mid-sized employers.
• Sterling – one of the longest-running background check providers, now operating as part of First Advantage, and widely used by large, multi-location employers.
• HireRight – a global screening provider based in Nashville, TN, known for serving large, multinational companies.
• First Advantage – a major screening provider offering background checks across a wide range of industries, from healthcare to transportation.
• Accurate Background – a screening company known for customizable background check packages used across a variety of industries.
• backgroundchecks.com – a screening platform geared toward small and mid-sized businesses.

This isn’t a complete list. You can find a full directory of consumer reporting companies, including background check providers, on the Consumer Financial Protection Bureau’s website.

What Compensation Is Available for Background Check Errors?

If a background check error cost you a job or caused other measurable harm, the FCRA provides several avenues for your financial recovery. These include:

• Actual damages, including lost wages from a denied or delayed job opportunity
• Statutory damages between $100 and $1,000 per willful violation
• Punitive damages in cases involving reckless disregard of your rights
• Attorney’s fees and court costs, which the law shifts to the defendant when the consumer prevails

Since we work on a contingency fee basis, you can hire our legal team with Sharmin & Sharmin without paying a cent upfront. Contact our background check error attorneys in Texas today to learn more.

How a Texas Background Check Error Lawyer Can Help

Disputing an error on your own can feel like shouting into the void. You send a letter, and weeks later you get a form response saying the information was “verified” with no real explanation of how. 

An experienced Texas background check error lawyer can identify exactly which FCRA protections were violated in your case. They can force the screening company to conduct a thorough investigation rather than rubber-stamping the erroneous information originally returned. 

Your attorney can communicate directly with the employer and screening company on your behalf and pursue compensation for lost wages, a rescinded offer, or emotional distress caused by the background check error. 

When a screening company refuses to fix its mistake and make you whole, your attorney can take your case to court to help hold the responsible parties accountable for your damages. 

Your chances of a successful outcome are much higher when you are represented by an experienced Texas background check error lawyer. 

Talk to a Texas Background Check Error Lawyer

If a background check mistake cost you a job, you don’t have to accept it as the final word. The Texas rental fraud attorneys at Sharmin & Sharmin, P.A. will review your report and your rights under the FCRA at no cost to you. No office visit required. We respond within 24 hours.

Call 1-844-SHARMIN or contact us online. There are no attorney fees unless we win.