Advocates Complain of Background Check Errors

"This is obviously an issue that's becoming more and more significant as it becomes easier to get and exchange data," said Chichi Wu, a senior attorney with the National Consumer Law Center.

In a statement, LexisNexis, the company that conducted Brandt's background check, said that the Fair Credit Reporting Act, the federal law that governs consumer reporting agencies, sets out a "detailed framework" for giving consumers access to their background checks and allowing them to correct inaccuracies.

"LexisNexis follows the framework and requirements set forth by the FCRA," the company said.

Arthur Cohen, the former chairman of the National Association of Professional Background Screeners, said mistakes are uncommon. "If mistakes are made, they need to be corrected," he said. "I don't think this is a rampant problem."

LexisNexis fixed Bradnt's report after he complained, he said. The company also fixed a background check for Daniel Johnson, a retired police officer in Slidell, La., after it allegedly turned up a conviction for a different Daniel Johnson.

But, Johnson said, the correction came only after he had lost a job as a security guard at a grocery store, which he was using to make extra money after his house flooded during Hurricane Katrina.

"It was very embarrassing. I had a clean career with the police department for 25 years," he said. "I never even had as much as a speeding ticket."

There has been a surge in interest in criminal background checks in the last 15 years. Private companies conduct millions of such checks a year. By comparison, the number of lawsuits claiming inaccurate information in the reports is relatively small.

Donna Uzell, the chair of the National Crime Prevention and Privacy Compact Council, which sets policy on the use of criminal records for non-law enforcement purposes, said private background screening companies provide a valuable service for employers and landlords.

"People who are doing background checks are doing so for a reason, for the safety of their constituency or out of concern about potential liability they may incur," she said.