Expunged Record Reported On Background Check
Reporting Expunged Records on Background Checks
Having an expunged or sealed record appear on your background check is a serious and common screening error. This typically happens when a court officially removes or seals a criminal case, but the background check agency fails to update its records. As a result, outdated information continues to show up on reports sent to employers, landlords, or licensing boards, violating your privacy and your rights.
Once a case is sealed or expunged, it should no longer appear on your background check. If it does, you may have grounds to file a lawsuit and seek compensation.
How to Tell If an Expunged or Sealed Case Was Illegally Reported
You might be dealing with an FCRA violation if:
A case you know was expunged still appears on your background check
A sealed record is visible to employers, landlords, or others
You were denied a job, housing, or opportunity based on this outdated record
The report includes criminal information that should be confidential or inaccessible
In these cases, the background check agency likely failed to remove or filter out legally sealed data - a direct violation of FCRA rules.
What You Need to Dispute or Sue If an Expunged Case Appeared on Your Report
To dispute or pursue legal action over an expunged record appearing on your report, gather:
A copy of the background check report that shows the sealed/expunged record.
Court documents proving the case was expunged or sealed.
Employer or landlord communications (especially if you were denied something.
In many cases, you do not need to file a dispute first. If the error is clear and the record was legally expunged, you may be able to sue immediately under FCRA § 1681e(b).
Compensation You May Be Entitled To
If a background check company like Checkr reported expunged or sealed information, you may be entitled to:
Actual damages: for lost jobs, denied housing, or other financial losses
Emotional distress: for anxiety, embarrassment, and reputational harm
Statutory damages: up to $1,000 per FCRA violation
Punitive damages: if the conduct was reckless or willful
Attorney’s fees and legal costs: fully paid by the company if you win
You don’t pay anything upfront. Our attorneys work on a contingency basis, meaning we only get paid if you do.
