If you failed a Sterling background check, the first thing to understand is that Sterling didn’t actually fail you. Sterling compiles information from courts, schools, past employers, and databases, then hands the report to the employer, who makes the hiring decision. That distinction matters because the Fair Credit Reporting Act (FCRA) gives you concrete rights to see the report, challenge anything wrong in it, and respond before the employer finalizes a rejection. Most problems trace back to fixable mistakes: a record that belongs to someone else, outdated court data, or an employer who skipped the legally required steps.
The Pre-Adverse Action Notice Is Your Window
When something on your background check makes an employer reconsider, the FCRA doesn’t let them quietly withdraw the offer. Before making a final decision against you, the employer must send a pre-adverse action notice that includes a copy of the background check report and a written summary of your rights under the FCRA.
This is the moment to act. Read the report carefully. Every item on it, from criminal records to employment dates to a school listed on your resume, is something you can challenge if it’s wrong. The FCRA doesn’t set an exact waiting period before the employer can move to a final decision; it requires a “reasonable” period. Industry practice generally treats five to seven business days as reasonable, though some jurisdictions set their own minimums. Don’t wait to see how it plays out. Start the dispute the day the notice arrives.
If the employer proceeds anyway, they must send a final adverse action notice with the name, address, and phone number of the reporting agency, a statement that the agency didn’t make the hiring decision, and notice of your right to dispute the report and to request a free copy of it within 60 days. Use that 60-day right even if you already saw the report. A second look often surfaces something the first pass missed.
How to Dispute Errors With Sterling
The dispute process is straightforward but demands documentation. Gather anything that supports your position: court records showing a case was dismissed, a diploma or transcript proving your degree, a pay stub confirming your job title, or any other evidence that contradicts the error. Then submit a written dispute directly to Sterling identifying each item you’re challenging and attaching the supporting documents.
You can reach Sterling’s consumer reports department at (888) 889-5248, or write to Sterling, Attn: Consumer Reports, 6150 Oak Tree Boulevard, Suite 490, Independence, OH 44131.
Once Sterling receives your dispute, it must investigate and either correct or delete the inaccurate information within 30 days. If you submit additional relevant information during that window, Sterling can extend the investigation by up to 15 additional days. If Sterling can’t verify the disputed item, it must delete it. After the investigation, Sterling must notify you of the results within five business days.
Here’s where the process often stumbles: Sterling typically re-checks the same source that produced the bad data. If a county court database has the wrong disposition, and Sterling looks at that same database, the error can survive. When that happens, go directly to the original source. Get the court clerk to issue a corrected record, get the registrar to send a verification letter, get the former employer to confirm the dates in writing, and supply those documents to Sterling yourself.
What Can and Cannot Legally Appear on the Report
Some of what “failed” your check may not belong there in the first place. The FCRA limits how far back Sterling can report certain negative items. Arrests that didn’t lead to a conviction, civil suits, civil judgments, and paid tax liens can only go back seven years. Bankruptcies can be reported for up to ten years.
Criminal convictions are the exception: under federal law they have no time limit. A 20-year-old felony conviction can still appear. And there’s a further wrinkle for high-salary jobs. If the position pays $75,000 or more per year, reporting agencies can include older records that would otherwise be excluded under the seven-year cap. Some states impose tighter restrictions than the federal baseline, including shorter reporting windows and outright bans on reporting certain records, so the rules where you live may give you more protection than federal law alone.
Check the report against these limits. An arrest without conviction from a decade ago, a civil judgment from eight years back, a paid tax lien beyond seven years, all should be disputed as impermissibly reported.
Common Errors Worth Checking
Mixed Files
One of the most damaging errors is a “mixed file,” where someone else’s records get attached to your report. This happens when two people share a similar name, date of birth, or Social Security number. Sterling is legally required to follow reasonable procedures to assure the maximum possible accuracy of every report, but matching algorithms aren’t perfect, especially for people with common names.
If someone else’s criminal record, debt history, or employment record shows up on your report, dispute it immediately and include documentation proving your identity: your Social Security card, government-issued ID, or other records that distinguish you from the other person. Sterling must investigate and remove information it can’t verify belongs to you. The CFPB has specifically warned that consumer reporting agencies that report public record information without adequate matching procedures are not meeting their accuracy obligations under the FCRA.
Employment and Education Discrepancies
Wrong job titles, slightly off dates, or a former employer that was acquired and no longer appears in databases are among the most common problems. These rarely reflect dishonesty, but they raise red flags if the employer isn’t told what happened. Education records have the same issue: a data entry error at a registrar’s office, an unreported name change, or confusion between similarly named institutions can make it look like you fabricated a degree. Contact the school or former employer directly and get a corrected record, then submit it to Sterling.
Criminal Record Details
A criminal record on your report doesn’t automatically disqualify you, even if the employer’s initial reaction suggests otherwise. Check that the disposition is right. Cases that were dismissed, expunged, or reduced sometimes appear with the original charge or the wrong outcome. County court databases are often the culprit. If the court file shows a dismissal but Sterling reports a conviction, that’s a dispute with clear documentation on your side.
When the Employer or Sterling Won’t Fix It
If you’ve disputed an error and Sterling fails to correct it, or if an employer skipped the required adverse action steps, you may have grounds for a lawsuit. One requirement worth knowing about: the disclosure the employer gives you before running the check must be a standalone document. It cannot be buried inside a job application or bundled with a liability waiver. Violations of this and other FCRA rules can expose employers to statutory damages between $100 and $1,000 per affected applicant, plus punitive damages.
The FCRA provides two tracks of liability:
- Willful violations, where Sterling or an employer knowingly or recklessly disregarded the FCRA’s requirements, allow you to recover statutory damages of $100 to $1,000 even without proving specific financial harm, plus any actual damages you can document, punitive damages at the court’s discretion, and attorney’s fees.
- Negligent violations, where the violation resulted from carelessness rather than willfulness, allow you to recover actual damages you sustained as a result of the error, plus attorney’s fees and court costs. You’ll need to show concrete harm, such as a lost job offer or out-of-pocket expenses.
The statute of limitations is the earlier of two years from when you discovered the violation or five years from when the violation occurred. Waiting too long can forfeit the claim, so if you’ve suffered real harm from an inaccurate report or a botched adverse action process, consult a consumer protection attorney sooner rather than later.
Filing a Complaint With the CFPB
If you’d rather not go straight to a lawsuit, or you want to build a paper trail while you decide, file a complaint with the Consumer Financial Protection Bureau. The CFPB oversees FCRA compliance by background screening companies and accepts complaints about consumer reports. A complaint won’t directly fix your report, but it puts the agency on notice and can prompt a response from Sterling. Submit through the CFPB’s website at consumerfinance.gov/complaint.