You followed the proper legal process. You filed the paperwork, appeared in court, and received confirmation that your criminal record was expunged or sealed. The relief was overwhelming—finally, you could move forward without that mistake from your past haunting your future.
But then it happened. A potential employer pulled your background check, and there it was: the very offense you thought was cleared from your record. The job offer vanished. The apartment application was denied. The fresh start you fought so hard to achieve suddenly felt like a cruel illusion.
If this scenario sounds familiar, you’re not alone. Thousands of Americans face this frustrating reality every year. Despite successfully expunging their records through the legal system, outdated and inaccurate information continues to surface on background checks, derailing their efforts to rebuild their lives.
The disconnect between legal expungement and background check reporting reveals a broken system where your legal right to a clean slate doesn’t always translate to practical reality. Understanding why this happens—and what legal recourse you have—is crucial for protecting your future and holding negligent reporting companies accountable.
Understanding the Background Check Ecosystem
The background check industry operates through a complex network of consumer reporting agencies (CRAs) that collect, compile, and distribute personal information to employers, landlords, and other entities. Major players in this space include companies like Checkr, Assurint, HireRight, and SambaSafety among countless others.
These companies gather criminal record information from multiple sources: court databases, law enforcement agencies, correction departments, and other CRAs and third party sources. The process involves automated data collection systems that scrape information from thousands of jurisdictions across the country, creating massive databases of personal information that are then packaged and sold to clients.
The challenge lies in the sheer volume and complexity of this data collection process. Criminal records exist in a fragmented system spread across federal, state, and local jurisdictions. Each courthouse, sheriff’s department, and corrections facility maintains its own records system, often using outdated technology and inconsistent data formats.
When you successfully expunge a record, the court typically updates its own database to reflect this change. However, this information doesn’t automatically flow to every company that may have previously collected data about your case. Some agencies rely on periodic bulk updates from courts, while others may never receive notification of the expungement at all.
This creates a scenario where legally cleared records continue to circulate in the background check ecosystem long after they should have been removed. The automated nature of these systems means that once incorrect information enters the database, it can persist indefinitely without human intervention to correct it.
The Real-World Impact of Persistent Records
When expunged records surface on background checks, the consequences extend far beyond mere inconvenience. These reporting errors can fundamentally alter the trajectory of someone’s life, affecting their ability to secure employment, housing, education opportunities, and professional licenses.
Employment discrimination based on inaccurate background checks is perhaps the most common and devastating outcome. Many employers conduct background checks as a standard part of their hiring process, and discovering what appears to be an undisclosed criminal record often results in immediate withdrawal of job offers. This occurs even when the applicant correctly answered “no” to questions about criminal history, since their expunged record legally never happened.
Housing discrimination presents another significant barrier. Landlords increasingly rely on background checks to screen potential tenants, and a criminal record—even an expunged one—can result in automatic rejection. This is particularly problematic in competitive rental markets where applicants have little recourse once they’ve been passed over.
The emotional toll of these experiences cannot be overstated. Many individuals describe feeling devastated and hopeless when their efforts to move beyond past mistakes are repeatedly thwarted by system failures beyond their control. The psychological impact often includes anxiety, depression, and a sense of being trapped by circumstances they believed they had legally resolved.
Professional licensing boards, educational institutions, and volunteer organizations may also rely on these flawed background checks, creating additional barriers to personal and professional growth. The cumulative effect can push individuals toward economic instability and social isolation, undermining the very rehabilitation goals that expungement laws are designed to promote.
When Consumer Reporting Agencies Violate Federal Law
The persistence of expunged records on background checks often constitutes a violation of the Fair Credit Reporting Act (FCRA), a federal law that governs how consumer reporting agencies collect, maintain, and distribute your personal information. Understanding your rights under the FCRA is essential for determining whether you have legal recourse against negligent reporting companies.
The FCRA requires consumer reporting agencies to maintain reasonable procedures designed to ensure maximum possible accuracy in their reports. When a CRA continues to report expunged or sealed records, they may be failing to meet this fundamental obligation. The law recognizes that inaccurate information can cause significant harm to consumers and establishes strict liability for violations.
One of the most common FCRA violations occurs when agencies fail to update their databases after receiving notice of record expungements. Courts have ruled that entities cannot simply ignore information that would indicate their records are outdated or inaccurate. When an expungement occurs, the reporting agency has a duty to investigate and correct their records accordingly.
Another frequent violation involves inadequate reinvestigation procedures. When consumers dispute inaccurate information on their background checks, the FCRA requires agencies to conduct a reasonable investigation into the disputed items. Many companies fail to perform thorough reinvestigations, instead relying on automated systems that simply verify whether a record exists in their database without confirming whether it should legally be reported.
The FCRA also requires agencies to follow specific procedures when reporting adverse information, including providing consumers with copies of their reports and information about their rights. Failures in these procedural requirements can constitute additional violations, even when the underlying information might otherwise be accurate.
Significantly, the FCRA provides for both actual damages (such as lost wages from a withdrawn job offer) and statutory damages. In cases involving willful violations, courts may award punitive damages and attorneys’ fees, making it financially viable for consumers to pursue legal action against negligent reporting agencies.
Recognizing When You Have a Valid Claim
Determining whether you have a valid FCRA claim requires careful analysis of your specific situation and the circumstances surrounding the inaccurate reporting. Several key factors can help you assess the strength of your potential case against a consumer reporting agency.
The most straightforward cases involve clear documentation of an expunged record appearing on a background check report. If you have official court documents confirming that your record was expunged or sealed, and you subsequently receive a background check report showing that same offense, you likely have grounds for an FCRA claim. The contrast between your legal expungement and the continued reporting creates a clear case of inaccurate information.
Documentation of damages is crucial for building a strong case. This might include withdrawal letters from employers explicitly citing the background check as the reason for rescinding a job offer, denial notices from landlords, or correspondence from licensing boards. The more specific the documentation about how the inaccurate report harmed you, the stronger your claim becomes.
Timing can also be significant in FCRA cases. If you previously disputed the inaccurate information with the reporting agency and they failed to correct it, this can demonstrate a pattern of negligence or willful disregard for accuracy requirements. Keep records of all communications with CRAs, including dispute letters, phone calls, and their responses or lack thereof.
The type of record that was expunged may also affect your case. While any expunged record should be removed from background checks, cases involving minor offenses like traffic violations or misdemeanors that were later dismissed often generate particular sympathy from courts and juries. The severity of the original charge compared to the life disruption caused by continued reporting can influence potential damage awards.
Consider whether multiple reporting agencies are showing the same inaccurate information. If several different CRAs are reporting your expunged record, this might indicate a systemic problem with data sources or sharing practices that could support a larger claim for damages.
How Legal Action Can Restore Your Rights
When consumer reporting agencies violate the FCRA by continuing to report expunged records, legal action serves multiple purposes: correcting the inaccurate information, recovering compensation for damages, and deterring future violations. Understanding how this process works can help you make informed decisions about pursuing your rights.
The first step typically involves a thorough investigation of your background check history. This includes obtaining copies of reports from all major CRAs, identifying which agencies are reporting inaccurate information, and documenting the specific nature of the violations. This investigation phase is crucial for building a comprehensive case that addresses all sources of inaccurate reporting.
Many FCRA cases can be resolved through negotiation with the reporting agencies. When presented with clear evidence of violations and potential liability, CRAs often prefer to settle cases rather than face costly litigation. Settlements typically include correction of the inaccurate information, monetary compensation for damages, and agreements to implement better procedures to prevent future violations.
When settlement negotiations fail to produce a resolution, filing a federal lawsuit may be necessary. FCRA cases are typically filed in federal court, where judges have experience with the complexities of consumer reporting law. The litigation process allows for extensive discovery, including depositions of CRA employees and examination of their internal procedures and databases.
One significant advantage of FCRA litigation is that successful plaintiffs can recover attorneys’ fees from the defendant reporting agencies. This fee-shifting provision makes it economically feasible for consumers to pursue cases that might otherwise be too expensive to litigate. It also creates additional incentive for CRAs to resolve cases quickly and fairly.
The remedies available under the FCRA can be substantial. In addition to correcting the inaccurate information, courts can award actual damages for lost wages, emotional distress, and other harm caused by the violations.
Taking Action to Protect Your Rights
If you suspect that expunged records are appearing on your background checks, taking prompt action is essential for protecting your rights and preventing further damage to your reputation and opportunities. The following steps can help you document problems and build a strong case for legal action if necessary.
Start by obtaining copies of your background check reports from all major consumer reporting agencies. You have the right to request these reports, and many CRAs are required to provide them free of charge under certain circumstances. Review each report carefully, looking not only for the specific expunged offense but also for any other inaccurate or outdated information.
Document any instances where the inaccurate background check information caused you harm. This includes saving copies of job rejection letters, rental application denials, or other adverse actions that reference your background check.
Keep detailed records of all your interactions with consumer reporting agencies, including copies of dispute letters, phone call logs, and any responses you receive. This documentation can be crucial for demonstrating patterns of negligence or willful violations in any subsequent legal action.
Consult with an attorney who specializes in FCRA cases as soon as possible. These cases involve complex federal regulations and specialized procedures that require experienced legal representation. FCRA attorneys work on contingency fee arrangements, meaning you don’t pay attorney’s fees unless you recover compensation from the case.
Your Path Forward: Reclaiming Your Clean Slate
The legal system granted you expungement for a reason—to provide a pathway for moving beyond past mistakes and rebuilding your life. When consumer reporting agencies fail to honor that legal determination, they’re not just violating federal law; they’re undermining the fundamental principle that people deserve second chances.
You don’t have to accept that broken systems will permanently define your future. The Fair Credit Reporting Act provides powerful tools for holding negligent reporting agencies accountable and recovering compensation for the harm they’ve caused. More importantly, legal action can force these companies to correct their records and implement better procedures to prevent similar violations in the future.
The experienced attorneys at Raburn Kaufman understand the frustration and devastation that inaccurate background checks can cause. Our approach begins with a comprehensive review of your situation at no cost to you. We’ll analyze your background check reports, document the violations, and develop a strategy for achieving the best possible outcome. Because we handle FCRA cases on a contingency fee basis, you don’t pay attorney’s fees unless we recover compensation on your behalf.
Don’t let negligent reporting agencies continue to profit from violating your rights. Contact Raburn Kaufman today to schedule your free consultation and take the first step toward reclaiming the clean slate you’ve already earned. Your expunged record should stay expunged—and we’re here to make sure it does.
