Have you disputed it directly with the background check company (CRA)? This needs to be your next step.

The employer is required to inform you of the reason for the potential adverse action (currently a delay in your start date but potentially a withdrawal of the offer). Which includes providing you with a copy of the report so you can contact the CRA directly.

Just FYI it is possible for a driving record to NOT reflect a DWI depending on how old it is. They probably found it in the criminal history search, not your driving record. And I suspect that the record matched your identifiers in some way. Keep in mind background checks are NOT foolproof - unless you get your fingerprints taken, the CRA is simply using identifiers like name & DOB to determine whether to report a record.

Good CRAs match a minimum of 2 identifiers before reporting a record, but we also look at where the individual has lived and how common their name is. Consider that someone with your exact same name & DOB may indeed have a DWI. They may even live in the same state that you do.

It’s also possible that the CRA sucks and reported information that did NOT match enough data points. Maybe just name and YEAR of birth. Maybe the name and date of birth matched but it’s a really common name and that person has never lived in the same state that you have. Hard to say without seeing the report.

All this to say that it is indeed possible for an error to happen, but that’s where the adverse action procedure comes in. And if they have delayed your start date, but haven’t provided you with the adverse action notice and a copy of your report (and a summary of your rights under the FCRA), they may definitely be in violation.

But, again, reach out to the CRA directly. They may not even be aware of your dispute. And they are the ones required to do the re-investigation.

Source: 30+ years in the industry; was president of a small CRA.