Is it an FCRA violation if Checkr reports an expunged criminal case?

Yes, it is a clear violation of the law. If Checkr reports an expunged charge or record, they have likely failed to maintain "reasonable procedures" to ensure the maximum possible accuracy of your file.

Why Checkr is responsible

Under Section 607(b) of the FCRA, background check companies like Checkr must make sure the data they sell to employers is up to date. Since an expungement is a court order to "erase" a record, Checkr is reporting false information if that case still shows up on your background check.

What to do if Checkr reports an expunged record:

1. Get a copy of your expungement order: Have the official court document ready that proves the case was dismissed or erased.
2. File a formal dispute: Notify Checkr immediately that they are reporting inaccurate information. Include the court order as proof.
3. Note the impact: If you lost a job offer or a promotion because Checkr reported an expunged record, keep a record of that communication from the employer.

Why you should skip the "endless disputes" and hire an attorney

If you have already told Checkr that the record was expunged and they still haven't removed it, they are being negligent.

• The "Automated" Problem: Checkr often uses old databases that don't update frequently. A lawsuit is often the only way to force them to fix their system.
• Sue for Damages: If you were denied a job, you can sue Checkr for lost wages, emotional distress, and even punitive damages.
• Zero Out-of-Pocket Cost: Under the FCRA, Checkr is required to pay your legal fees if you win or settle the case. Our attorneys work on a contingency basis, meaning you pay nothing unless we get money for you.

Did an expunged case on a Checkr report cost you a job? Don't let an old mistake that was legally erased continue to haunt you. Contact our FCRA attorneys today for a free case evaluation and let us hold Checkr accountable.