Got Your Record Expunged but are Still Being Denied Employment?

Got Your Record Expunged but Still Being Denied Employment?

Expungement exists to give people a second chance - a legal opportunity to erase the records of the past and move forward into employment, stability, and dignity. 

Yet many individuals still find themselves denied jobs because background check companies report information that should have been erased. This is not just frustrating - it is a violation of your rights.

Why Expungement Matters

A criminal record can create long-lasting barriers. It impacts career opportunities, housing options, and overall financial security. Expungement was designed to remove these obstacles:

• An expunged record should not appear in standard employment background checks.
• You are legally permitted to state that you do not have a criminal record.
• Employers are expected to treat you as if the conviction never occurred.

Research confirms the importance of this process. Individuals who obtain expungement see a 25% increase in wages within two years and improved chances of securing stable employment

The Problem: Inaccurate Background Checks

Third-party background screening companies are widely used by employers. These companies are required by law to ensure their information is accurate and up to date. However, mistakes are common:

• Failure to Update Records – Databases may still show an expunged conviction because the company did not remove outdated information.
• Incomplete Court Data – Some background check systems miss updates from local courts, leading to records that should no longer exist.

When this happens, applicants suffer unfair harm - being denied employment despite having legally cleared their record.

The Impact on Employment

Research shows that people with cleared records are more likely to find jobs and can see wage growth of 25% within two years of expungement. But when background check errors occur, those benefits vanish. Instead, applicants face rejection, financial loss, and reputational damage because of information that should not have been reported in the first place.

Your Rights Under the Law

The Fair Credit Reporting Act (FCRA) requires background check companies to:

• Report only accurate, up-to-date information.
• Remove records that are legally expunged.
• Investigate and correct errors within 30 days of a dispute.

If they fail to do so, you may be entitled to legal remedies, including damages for the harm caused by inaccurate reporting.

What You Should Do

If an employer denies you a job because of an expunged record, take immediate steps:

1. Get Documentation – Obtain a copy of the background report that contains the inaccurate information.
2. File a Dispute – Contact the background check company in writing and provide proof of the expungement. They must investigate and correct errors.
3. Consult an Attorney – If the denial has caused financial or reputational harm, an attorney can pursue legal action to enforce your rights and seek compensation.

Conclusion

When a background check company reports an expunged record, the consequences are serious. The law is clear: inaccurate reporting should not prevent you from employment opportunities. If this problem has affected you, it is not something to ignore. Legal help can ensure the error is corrected and that you are compensated for the damage caused.