How to File an Appeal for Incorrect Background Check Results

Filing an appeal against inaccurate criminal background check information requires understanding specific procedures. First, request a copy of your complete background check report from the agency that conducted it. Review this report thoroughly, identifying any errors such as cases belonging to someone else, dismissed charges still showing as convictions, or expunged records that should no longer appear. Once you’ve identified discrepancies, contact the background check company in writing, clearly outlining the errors discovered and providing supporting documentation. Most background check companies must investigate disputes within 30 days under the Fair Credit Reporting Act (FCRA).

Understanding the Criminal Appeal Process

The criminal appeal process differs from simply disputing background check errors. When challenging an actual conviction that appears on your record, you’ll need to navigate the formal legal appeal process. Criminal appeals typically begin with filing a notice of appeal within strict time limits after the original judgment—usually between 30 and 60 days. Next, you’ll need to submit an appeal brief outlining legal arguments for why the conviction should be overturned. These may include procedural errors during trial, new evidence, ineffective legal representation, or misapplication of law. Appeals are primarily focused on legal issues rather than factual disputes resolved during the original trial.

Legal Requirements to Appeal a Court Decision

To appeal a court decision that affects your criminal record, you must meet specific legal requirements. First, you must have legal standing—meaning you were directly affected by the original case outcome. Second, appeals must be filed within strictly enforced time limits, which vary by jurisdiction but typically range from 10 to 60 days after sentencing. The appeal must also identify specific legal errors that occurred during the original proceedings. Common grounds include constitutional violations, improper admission or exclusion of evidence, incorrect jury instructions, prosecutorial misconduct, or ineffective assistance of counsel. Appeals cannot simply argue that the jury reached the wrong conclusion—they must demonstrate that legal errors impacted the case outcome.

Working with an Attorney for a Legal Appeal

While individuals can technically represent themselves in the appeal process, working with a specialized appeals attorney significantly improves chances of success. Appeals attorneys possess specialized knowledge of appellate procedure, legal precedents, and effective written advocacy—all crucial skills for appeal cases that primarily revolve around written briefs rather than courtroom testimony. When selecting an attorney, look for someone with specific experience in criminal appeals rather than trial work, as these require different expertise. During initial consultations, discuss the attorney’s assessment of your case’s merits, potential outcomes, estimated timeline, and fee structure. Most appeals attorneys work on a flat-fee basis rather than contingency arrangements.

Understanding Different Levels of Criminal Appeal

The criminal appeal system operates through multiple levels, providing several opportunities to challenge court decisions. The first stage typically involves appealing to an intermediate appellate court, where a panel of judges reviews the case record and legal arguments without hearing new evidence. If unsuccessful at this level, you may petition higher courts like state supreme courts or, in rare cases involving federal constitutional issues, the U.S. Supreme Court. Each level becomes progressively more selective about which cases they accept. Some jurisdictions also offer alternative post-conviction remedies such as habeas corpus petitions or motions for a new trial based on newly discovered evidence. Understanding the appropriate forum for your specific situation is essential for navigating the appeal process effectively.

Cost Considerations for Criminal Appeal Cases

The financial aspect of pursuing a criminal appeal can be significant, with costs varying based on case complexity and attorney experience. At the lower end, simple appeals may cost between $5,000 and $10,000, while complex cases involving extensive legal research and multiple issues can range from $15,000 to $50,000 or more. These costs typically cover attorney fees, court filing costs, transcript preparation, and potential expert consultation.

Appeal Type	Typical Attorney Fees	Court Costs	Additional Expenses
Misdemeanor Appeal	$3,000-$7,500	$100-$300	$200-$500 (transcripts)
Felony Appeal	$7,500-$25,000+	$300-$500	$500-$2,000 (transcripts, experts)
Federal Appeal	$15,000-$50,000+	$500+	$1,000-$5,000 (transcripts, experts)

Prices, rates, or cost estimates mentioned in this article are based on the latest available information but may change over time. Independent research is advised before making financial decisions.

Understanding these financial commitments is essential when deciding whether to pursue an appeal. Some jurisdictions provide public defenders for appeals to those who qualify financially, while others may offer sliding scale fees based on income. Additionally, certain legal aid organizations specialize in criminal appeals for eligible individuals.

Conclusion

Navigating the criminal appeal process requires understanding both legal procedures and practical considerations. Whether you’re disputing inaccurate information on a background check or appealing an actual court decision, knowing your rights and the proper procedures is essential. By understanding the requirements, working with appropriate legal counsel when necessary, and being prepared for the costs involved, individuals can more effectively address background check issues or challenge court decisions that may unfairly impact their future opportunities.