An expunged or sealed record should not appear on a background check as if it were still an open public record. A screening company that reports it may be failing its FCRA duty to use reasonable procedures to assure maximum possible accuracy, and you can dispute it.
Expungement and sealing are governed by state law, and their exact effect varies from state to state. But the general purpose is the same: the record is removed from public access or treated as if the case did not happen. When a background screening company still reports that record, the problem is usually that it relied on stale data.
Why expunged records still show up
A screening company may rely on court data it bought in bulk or stored in its own database rather than checking the current court file. If the database was copied before the expungement or sealing order, the old record can keep appearing long after the court cleared it.
What the FCRA requires
- Accuracy: Under § 1681e(b), a screening company must follow reasonable procedures to assure maximum possible accuracy. Reporting a record that a court has expunged or sealed as if it were still open can be inaccurate or misleading.
- Up-to-date public records: Under § 1681k, a company that reports criminal records for employment must either notify you at the time it reports them or keep strict procedures to make sure the records are complete and up to date. A record is considered up to date only if its current public record status is reported.
What to do
- Get a copy of the report. The employer must give you one before taking adverse action under § 1681b(b)(3).
- Get a copy of the expungement or sealing order from the court.
- Dispute the entry directly with the screening company. Under § 1681i, it generally has 30 days to reinvestigate and must delete information it cannot verify.
- Tell the employer you have disputed the record and provide the order if you are comfortable doing so.
Some state laws also restrict employers from asking about or considering expunged or sealed records, so check the rules in your state.
If a screening company reported a record a court had already expunged or sealed, a free case review can help you understand your options, with no fee unless we win.
Related
Sources
- 15 U.S.C. § 1681e (Cornell LII)
- 15 U.S.C. § 1681k (Cornell LII)
- 15 U.S.C. § 1681i (Cornell LII)
- 15 U.S.C. § 1681b (Cornell LII)
Updated November 2026. This page is general information, not legal advice.