Can a background check show an arrest record that was expunged from my criminal history?

Question

I went through the entire legal process to get an old arrest expunged years ago. The judge granted it, and I received confirmation that the record was sealed. I thought this chapter of my life was closed. Now I'm applying for a position I'm genuinely excited about, and the background screening company is reporting that same arrest like it never went away. The court sealed it specifically so it wouldn't follow me anymore, but here it is on my report anyway, threatening to cost me this opportunity. How is this even legal? The screening company is acting like the expungement never happened, and I'm terrified the employer will see this and assume the worst.

Consumer Attorneys · Accepted Answer

When a court orders a record expunged or sealed, background screening companies are legally prohibited from reporting that information. Under the Fair Credit Reporting Act (FCRA), consumer reporting agencies must follow procedures to ensure they're not including records that have been legally removed from public access.

If a background check shows an expunged arrest, the screening company has likely violated federal law by:

Failing to verify the current legal status of the record
Ignoring court orders that sealed the information
Reporting ineligible information that harms your employment prospects

What you should do immediately:

Obtain a certified copy of your expungement order from the court
Save the background report showing the sealed record
Document any communication from the employer about the issue
Send us both the expungement order and the background report

We can demand that the screening company remove the expunged record immediately and send a corrected report to the employer. If this error costs you the job opportunity or causes other harm, you may be entitled to compensation under the FCRA, including actual damages, emotional distress, and potentially statutory damages for willful violations.

The law is clear: expunged means expunged. If a screening company reports sealed records, they must be held accountable. We can help you enforce your rights and pursue compensation without any upfront costs to you.