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What to Know About First Advantage Background Checks

Key Takeaways

In This Article

If your livelihood depends on a background check, you should never have to worry about the information’s accuracy. Unfortunately, background check errors are a common consumer complaint that can disrupt a person’s life. First Advantage, one of the largest background check companies in the United States, is frequently accused of violating consumer law by issuing inaccurate reports, mixing files, maintaining outdated criminal records, and failing to deliver reports to consumers. If a First Advantage background check cost you a job, housing, or another opportunity, you may be eligible to seek compensation. Contact our experienced background check attorneys for a free consultation.

About First Advantage

First Advantage is one of the largest background check companies in the United States, conducting over 200 million screenings annually. Employers, landlords, and financial institutions rely on its reports to make critical decisions about job applicants and tenants. First Advantage offers:

  • Employment Background Checks 
  • Identity Verification
  • Credential and License Verification
  • Tenant Screening
  • Drug Testing

The company has grown significantly, most recently acquiring competitor Sterling Check in October 2024 for $2.2 billion. Despite the company’s growth, consumers continue to report serious errors in their background checks.

What Is In a First Advantage Background Check?

The National Consumer Law Center reports that 94% of landlords and 92% of employers use background checks. First Advantage alone reports 80,000 customers, including Fortune 500 companies and small businesses. Their background checks (or background screenings, as they call them) vary based on the type of product an employer or landlord purchased. Generally, a background check includes criminal records, employment verification, and educational verification. The employer or landlord may also request verification of your Social Security number and a check of your professional license.

Your Background Check Rights

The Fair Credit Reporting Act is a federal law that promotes accuracy, fairness, and privacy in consumer reports. The FCRA governs all consumer reporting agencies (CRAs), such as background check companies. A few key protections the law provides include the right to:

  • Consent: Employers must obtain written consent from the consumer before conducting a background check.
  • Dispute: You have the right to dispute any inaccurate, outdated, or misleading information on your report. A background check company typically has 30 days to conduct this investigation.
  • Accuracy: A background check company has a duty to provide accurate data and remove inconsistencies or outdated information.
  • Information: Provide consumers with a copy of their report and their rights before adverse action is taken.

Companies in violation of the Fair Credit Reporting Act can be held accountable in a civil litigation lawsuit.

Common First Advantage Background Check Issues

Background screening companies must ensure that all reported records are attributable to you, authorized to be reported, accurate, and up-to-date. Watch out for these common reporting issues consumers allege First Advantage commits:

Mixed Files: Someone Else’s Information On Your Report

A mixed file occurs when a credit reporting agency merges records of more than one person into a file. This usually happens to people with common names or family members with similar details. Automated screening systems that rely only on name and address, without verifying Social Security numbers, are a main cause. Consumers have reported seeing another person’s criminal convictions, arrests, or financial history on their First Advantage report, resulting in missed opportunities.

Outdated Records

Under the Fair Credit Reporting Act, certain negative information cannot appear on a background check after a set amount of time. For example, each of these items must be removed from a consumer report after 7 years:

  • Arrests that did not result in a conviction.
  • Civil suits and judgements.
  • Paid tax liens.

First Advantage has faced numerous complaints alleging that outdated arrests — particularly those that never led to a conviction — continue to appear on their reports well past the 7-year mark. If this has happened to you, it may constitute a direct violation of the FCRA.

Failure to Notify of Adverse Action

If First Advantage finds negative information, such as a criminal record, that would result in adverse action (for example, losing a job opportunity), the employer must notify you of these findings. A class action lawsuit in 2011 alleged that First Advantage (formerly LexisNexis) directly violated proper notification requirements by using a database called “Esteem.” The database profiled retail employees and labeled them as “thieves” without any criminal convictions. Employers then used this information to make hiring decisions before the applicant even had a chance to dispute it. This is a direct violation of an individual’s right to be informed before adverse action is taken.

Denying Consumers Access to Their Reports

Consumers have a right under the FCRA to access their background check reports. Complaints filed with the Consumer Financial Protection Bureau (CFPB) reveal a troubling pattern: people requesting their First Advantage reports face delays, unanswered follow-up emails, failed password access, and unfulfilled promises from customer service. Denying consumers access to their own reports violates their legal rights and prevents them from spotting and disputing errors.

The consequences can be severe: job offers rescinded, applications denied, and even termination from current employment where periodic background checks are conducted.

Did You Know?

Unlike arrests that didn’t result in a conviction, criminal convictions can remain on your report indefinitely.

How to Fix a Background Check Error

If you believe First Advantage has reported inaccurate information about you, take the following steps as soon as possible:

  1. Request a copy of your report. You are entitled to a free copy of your consumer report, even if you don’t find any inconsistencies.
  2. Identify Errors. Carefully review each portion of your report for errors. It’s important to note each discrepancy, document it, and explain why it should not appear.
  3. File a dispute. Send a written dispute directly to First Advantage. We strongly recommend sending your dispute by certified mail to document the official ate it was mailed.
  4. Wait. First Advantage has 30 days to investigate your claims. Whatever the results of the investigation, they must write to inform you of their findings.

If the dispute process failed to correct your issue, contacting an experienced background check attorney is your next step.

Compensation for Background Check Errors

If you have experienced harm or adverse action due to errors or inaccuracies in a background report, you may be eligible for compensation. An experienced background check attorney can advise you on the best steps to take and help you secure the maximum compensation available. The types of damages in a First Advantage background check case may include:

  • Actual Damages – Also known as compensatory damages, these account for losses directly resulting from your FCRA violation. For example, wages lost due to a termination or a revoked job offer.
  • Statutory Damages – The compensation the law itself guarantees. Under the statute, an FCRA violation can result in a fine of $100 to $ 1,000 per occurrence.
  • Punitive Damages – Violators pay punitive damages when their conduct is willful or malicious as a form of punishment.
  • Attorney’s Fees – The company that infringed your rights might also be liable for related legal expenses.

Contact Us Today

Errors in a consumer background report are not just inconveniences — they can cost you a job, housing, or a professional license. If First Advantage or any background check company has violated your rights, contact us today to pursue justice. Our consumer protection attorneys represent clients throughout the Carolinas in FCRA claims against background check companies, debt collectors, and credit reporting agencies. We offer free consultations and represent consumers on a contingency basis. That means you don’t pay unless we recover compensation on your behalf.

First Advantage FAQ

Over 80,000 employers use First Advantage for their employee background checks. A few of the largest include:

  • US Foods
  • Pepsico
  • FedEx
  • AT&T
  • Walmart

The length of time your background check will take is dependent upon the type of check an employer runs. For educational checks, the company estimates one to three days. For criminal checks, First Advantage claims the majority return within 24 hours.

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