Checkr is a consumer reporting agency that provides automated background checks to major employers including Uber, Lyft, DoorDash, Instacart, and Amazon. Under the Fair Credit Reporting Act (FCRA), Checkr must follow reasonable procedures to assure maximum possible accuracy of the information in its reports. 15 U.S.C. § 1681e(b). When Checkr reports someone else’s criminal record on your background check — and you lose a job because of it — you can sue.
Common Checkr Background Check Errors
Checkr’s automated matching system cross-references names and dates of birth against criminal databases, but often fails to verify secondary identifiers like Social Security numbers or middle names. This produces four recurring error types:
- Misattributed criminal records: Convictions or charges belonging to a different person with a similar name are attributed to the wrong consumer
- Expunged or sealed records: Checkr reports convictions that have been legally expunged, sealed, or pardoned
- Dismissed or reduced charges: Charges that were dropped, dismissed, or reduced to a lesser offense are reported as active convictions
- Outdated records: Criminal information older than 7 years (where prohibited by state law) appears on the report
In 2026, a federal class action (Davis v. Checkr Inc., Case No. 0:26-cv-60088, S.D. Fla.) alleged that Checkr systematically included criminal records belonging to other people on consumer reports, causing job losses for affected applicants.
Your Rights When Checkr Makes an Error
Right to See the Report Before Adverse Action
Before an employer can deny, rescind, or terminate your employment based on a Checkr report, the employer must provide you with a copy of the report and a “Summary of Your Rights” under the FCRA. 15 U.S.C. § 1681b(b)(3). If your employer skipped this step, both the employer and Checkr may be liable.
Right to Dispute and Have Errors Corrected
You have the right to dispute any inaccuracy on your Checkr report. Checkr must reinvestigate and correct or delete unverifiable information within 30 days. You can file a dispute through the Checkr Applicant Portal or by mailing a dispute to:
Checkr, Inc.
Attn: Consumer Relations
2981 Oak Road, Suite 200
Walnut Creek, CA 94597
Right to Sue Under the FCRA
If Checkr fails to correct the error after a dispute — or if the error has already caused you to lose a job — you have grounds for a federal FCRA lawsuit. FCRA claims must generally be filed within 2 years of the violation or 2 years from discovery, whichever is later. 15 U.S.C. § 1681p.
What Damages Can You Recover in a Checkr FCRA Lawsuit?
Willful Violations (15 U.S.C. § 1681n)
- Statutory damages: $100–$1,000 per violation (no proof of actual harm required)
- Punitive damages: No statutory cap
- Attorney’s fees and costs
Negligent Violations (15 U.S.C. § 1681o)
- Actual damages: Lost wages, lost job opportunity, emotional distress
- Attorney’s fees and costs
Talk to Us About Your Checkr Case
If Checkr reported wrong information on your background check and you lost a job because of it, call us at (210) 226-0800 or request a case review online. Have your background check report and any correspondence from the employer. We’ll tell you whether you have a case — at no charge. We handle Checkr FCRA cases on contingency.
Frequently Asked Questions
Can I sue Checkr if they put someone else’s criminal record on my background check?
Yes. If Checkr attributed criminal records belonging to another person to your report, and you lost a job or housing opportunity as a result, you can sue under the FCRA for failing to follow reasonable procedures to assure maximum possible accuracy. 15 U.S.C. § 1681e(b).
How long does a Checkr background check take?
Checkr typically completes background checks in 1–3 business days for standard searches. County-level criminal record checks can take 5–10 business days depending on the jurisdiction. Delays beyond 2 weeks may indicate a problem requiring a dispute.
What companies use Checkr for background checks?
Checkr provides background screening for Uber, Lyft, DoorDash, Instacart, Amazon Flex, Grubhub, and thousands of other employers. If you applied for a gig economy or tech position and received a background check, there is a good chance Checkr conducted it.
What should I do if Checkr won’t fix my background check error?
If you have disputed the error and Checkr has failed to correct it within 30 days, consult an FCRA attorney. Most FCRA attorneys, including the Clanton Law Office, handle Checkr cases on contingency — you pay nothing unless the case is won.
Last updated: March 2026