EXPUNGED BUT NOT ERASED? — Fight Back Against Faulty Background Checks
Expungement is designed to give individuals a fresh start, but many job seekers find that despite clearing their records, background check errors still cost them employment opportunities.
At R23 Law Consumer Protection Attorneys, we believe that a criminal record should not define your future—especially when it has been legally expunged. If this has happened to you, you’re not alone—and you may have legal options to fight back.
What Does Expungement Really Mean?
Expungement is a legal process that removes or seals a criminal record, allowing individuals to move forward without the stigma of past mistakes. In most cases, this means you are legally permitted to answer “No” when asked if you have a criminal record on job applications.
However, the reality is that many employers rely on third-party background check companies, and these databases are often inaccurate, outdated, or incomplete. This can lead to situations where an employer sees a record that should have been expunged, ultimately leading to unjust job rejections.
Why Are Expunged Records Still Showing Up in Background Checks?
The biggest reason expunged records still appear is negligence by background check companies. These companies gather information from public records and databases, but they do not always update their systems when a record is expunged. This can happen due to:
• Delayed updates in court records and databases
• Errors in reporting by background check agencies
• Failure to remove outdated information from private databases
• Mismatched records (where someone else’s record appears on your report)
When a potential employer sees these records, they may assume you were dishonest about your background—causing immediate disqualification.
Your Legal Rights Under the Fair Credit Reporting Act (FCRA)
Employers often use consumer reporting agencies to conduct background checks. These agencies are regulated under the Fair Credit Reporting Act (FCRA), a federal law that gives you specific rights, including:
• The right to an accurate background check
• The right to dispute incorrect information
• The right to be notified if adverse action is taken based on your background report
• The right to seek damages if a background check company fails to correct errors
If a background check company fails to remove an expunged record, they could be violating FCRA regulations, and you may be entitled to financial compensation.
How to Dispute a Background Check Error
If you were denied a job because of an expunged record appearing on a background check, follow these steps:
1. Obtain a Copy of the Background Check
Under the FCRA, you have the right to request a free copy of the background report used in the hiring decision. The employer must provide you with:
• A copy of the report
• A written notice of the adverse decision
• Contact information for the background check company
2. Gather Proof of Expungement
You’ll need official court documents proving that your record was expunged. You can obtain these from the court where the expungement was processed.
3. File a Dispute with the Background Check Company
Once you have proof, you can dispute the record directly with the background check agency. They are legally required to investigate and correct errors within 30 days.
4. Notify the Employer
Inform the employer that the record should not have been reported. Some employers may reconsider your application once the issue is clarified.
5. Consult a Lawyer
If the background check company fails to correct the error, R23 Law’s background check dispute attorneys can take legal action to force them to comply—and you may be entitled to monetary compensation for damages.
When to Sue for a Background Check Error
If a background check company fails to correct an expunged record or continues reporting outdated information, they can be held legally liable. Under the FCRA, you may be able to recover:
✔ Actual damages (lost wages, emotional distress, etc.)
✔ Statutory damages (up to $1,000 per violation)
✔ Punitive damages (if negligence is proven)
✔ Attorney’s fees and costs
Employers that use inaccurate background reports without allowing you to dispute them may also be violating anti-discrimination laws, giving you additional legal claims.
How R23 Law Can Help
You’ve worked hard to move past your record—don’t let a careless background check company stand in the way of your future.
📞 Call R23 Law today for a FREE consultation and find out how we can help you clear your name and protect your rights.
🔹 No upfront costs. No hidden fees. Just justice.
“A single mistake on a background check can cost you a job opportunity.”
