Expunged Records on Criminal Background Checks Are Unlawful

An expunged record is supposed to mean a new beginning, not a new fight.

The big question for everyone is this: Can an expunged record be found in a background check? The answer, of course is a mixed bag.

Legally, an expunged record should not appear, but in reality, they get reported in background checks all the time.

When this happens, it erases the whole point of an expunged record in the first place. And worse, it sets you up for often severe consequences, including lost job opportunities, reputational harm, rental denials, emotional distress, and more.

Continue reading to learn why expunged records sometimes still appear on background checks – and discover practical steps you can take if it happens to you. And check out our background check practice page for more info.

What Does Expunged Mean?

So, what is an expunged record or an expungement? According to the American Bar Association, to “expunge” literally means to remove or erase completely.

Legally, it refers to a court-ordered process that either seals or destroys a criminal conviction record, effectively treating it as though it never occurred.

This means, in many cases, once your record is expunged, the law treats it like it never existed, and you can usually deny it – even under oath. (Though you should consult with a criminal attorney if you expect to testify under oath about it.)

But before you envision the record disappearing forever, here’s where nuance matters: while some jurisdictions may destroy records outright, many seal them instead. Sealing a record keeps it out of public view but still accessible to law enforcement or the courts.

Of note, removing an expunged record from public databases doesn’t guarantee deletion from every system. News reports and online mentions are often outside a court’s reach, so an expungement doesn’t scrub all traces of your past.

If My Record is Expunged, Will I Pass a Background Check?

In theory, yes.

In a perfect world, an employment background check would come back squeaky clean if your record was expunged. The whole point of expungement is that you shouldn’t be judged on something the law says doesn’t exist.

But background check companies don’t always play by the rules. Many rely on bulk public data that hasn’t been updated since flip phones were popular. Others simply don’t bother verifying court updates.

This can result in you being wrongly flagged, “failed,” or even disqualified from a job you’re perfectly qualified for, all because an expunged record surfaced unlawfully.

Here’s the good news: if this happens, the mistake is theirs, not yours. Under the FCRA, background check companies are required to maintain “maximum possible accuracy.”

Reporting an expunged record isn’t just sloppy work- it’s a failure to report with maximum possible accuracy and is, therefore, a violation of your legal rights.

Will an Expunged Record Show Up on a Federal Background Check?

Generally, no.

An expunged record that has been properly handled should not appear on a federal background check.

Many people start to sweat with federal background checks. These are the big leagues – government jobs, financial clearances, or anything involving sensitive security info. Surely if anyone could dig up an old conviction, it’s Uncle Sam, right?

Not quite. If your record has been properly expunged, it usually should not appear on a federal check. If it does, it often means the database hasn’t been updated or the background check company is pulling from outdated third-party records, and that’s on them, not you.

However, there is one big caveat. For certain security clearances or law enforcement positions, sealed or expunged records may still be accessible.

So if your expunged record shows up during a federal background check, don’t panic. In most cases, it’s a background check error that can be fixed through a dispute.

If it isn’t corrected or it caused you harm, a background check lawyer can step in and hold the background check company accountable.

Will an Expunged Record Show Up on a Level 2 Background Check?

Typically, no.

An expunged record should not show up on a Level 2 background check. But like anything else in the law, there are some caveats.

Level 2 background checks go deeper than standard ones because they include fingerprinting and FBI database searches. Let’s take Florida for example. Under Florida law, Level 2 background checks are required for jobs or volunteer positions in childcare, healthcare, and other industries where safety is a top priority.

Therefore, in states with extensive Level 2 background checks, such as Florida, certain records may still surface for licensing or law enforcement purposes, even though they should not be used against you in employment decisions.

So will an expunged record pop up? Once a record is expunged, it is not supposed to be reported to employers as part of a Level 2 check. That said, certain state agencies may still have limited access to sealed or expunged records for licensing purposes, even though private employers cannot rely on them.

If your Level 2 check does flag an expunged conviction, one of a few things is likely true:

• the database wasn’t updated
• the background check company relied on outdated information
• there was a clerical error somewhere along the line

Whatever the reason, reporting an expunged record doesn’t undo your expungement.

If a Level 2 background check reports an expunged case, it is a reporting error – not a reflection on you. And it’s usually something you can challenge (or at least, something you can recover from with the right legal guidance).

Why is My Expunged Record Showing Up on My Background Check?

So why does an expunged record keep creeping back like a bad sequel? A few usual suspects:

• Lagging updates: Not every database refreshes instantly.
• Data hoarders: Some background check companies stockpile old records like pack rats.
• Clerical slip-ups: Courts are run by humans, and humans make mistakes.
• Company negligence: Let’s be real, some reporting agencies just don’t care.

The fallout for you? Missed jobs, denied housing, stalled licenses. All because of a ghost record that shouldn’t exist.

What to Do When an Expunged Record Shows Up

If your background check report is wrong, whether due to an expunged record being reported or any other common error, you don’t just have to sit there and stew. You’ve got options:

1. Request the report – The law says you can get a copy when it’s run. Don’t skip this step.
2. File a dispute – Send the background check company proof of your expunged record. We suggest doing this through certified mail as it creates a document trail. By law, they must reinvestigate within 30 days.
3. Tell the employer or landlord – Give them a heads-up that the background check report is inaccurate and under dispute. Some will hold off on making final decisions, but they are not legally obligated to do so.
4. Call in reinforcements – A background check attorney can take things further if the company drags its feet or the mistake costs you real opportunities.

Think of it like this: you’re not begging for mercy, you’re enforcing your rights! 

Why Expungement Matters

It’s easy to dismiss an expunged record as just paperwork or a technical court order, but it’s much more than that. It’s your chance at a genuine reset.

An expunged record isn’t about erasing the past – it’s about removing unfair barriers so you can move forward without being permanently punished for something the law says is gone. Here’s why expungement matters so deeply:

Freedom to Answer Honestly

When your record is expunged, you can finally answer “no” on applications that ask about prior convictions. And you won’t be lying – you’ll be answering exactly as the law intended. That honesty brings peace of mind.

Remove Unfair Disqualifications

Expungement ensures that old mistakes don’t keep resurfacing to disqualify you from jobs, housing, or licenses. The entire point is to stop you from being unfairly blocked from opportunities because of information that should never appear in a background check report again.

Improve Employment Prospects

With an expungement in place, your chances of passing an employment background check improve dramatically. Employers see only what the law allows them to see, which means your hard work and skills can finally speak louder than your past.

Prevent Ongoing Punishment

Without expungement, people often find themselves punished over and over again for the same offense. Expungement puts an end to that cycle, ensuring you aren’t haunted forever by something that legally no longer exists.

Expungement isn’t a handout, it’s justice. It’s the recognition that people deserve fresh opportunities without being chained to outdated records, and it’s one of the strongest tools for rebuilding your life with confidence.

Industries Where Expunged Records Cause the Most Trouble

Expungement should wipe your slate clean, but some industries and situations are far less forgiving when background check errors creep in. 

1. Healthcare: Healthcare positions, for example, involve patient safety and strict regulations. Hospitals and clinics often conduct detailed checks, so if an expunged record incorrectly appears, the impact can be devastating. 
2. Schools and Childcare: The same is true for schools and childcare organizations, where any past arrest, even if expunged – can wrongly make you look like a liability.
3. Government and Law Enforcement: Government and law enforcement agencies are equally strict. An error in a background check report here can disqualify you from jobs you’ve worked years to qualify for. 
4. Financial Services: Financial services, such as banking or accounting, also tend to enforce zero-tolerance policies, so one stray record can shut doors. 
5. Real Estate: Even landlords and real estate licensing boards may treat expunged information as a red flag, denying you housing or credentials unfairly. 

These are the areas where an expungement failure hurts most, because the industries themselves are built on high trust and low tolerance for mistakes even when the mistake isn’t yours.

Evidence to Fight an Expunged Record

When you’re dealing with a wrongful report of an expunged record, documentation is your best friend. A certified copy of your expungement order is essential – it proves beyond a doubt that the court erased the conviction or arrest. 

You should also keep any denial letters from employers or landlords that reference a failed or disqualified background check. These letters show the real-world harm caused by the error.

Don’t forget the actual background check report itself. This is the clearest piece of evidence that the background check company reported inaccurate information, and it gives you leverage when filing a dispute. 

Finally, keep a record of your communications with the background check company. Notes, emails, and letters documenting your efforts to correct the mistake demonstrate that you acted in good faith.

Together, this evidence can make or break your dispute. If things escalate to legal action, it provides your background check lawyer with the tools needed to prove damages and fight for compensation.  

The Role of the FCRA & Expunged Records

Here’s where the law really comes in to back you up.

The Fair Credit Reporting Act (FCRA) is the federal statute that governs how background checks are supposed to work. It’s more than just a rulebook – it’s a safety net designed to protect you from sloppy reporting practices.

Under the FCRA, background check companies are required to:

1. Keep reports accurate – Companies must ensure the information they report is up to date and correct.
2. Fix mistakes quickly – If you file a dispute, they are obligated to reinvestigate and correct errors promptly.
3. Provide you access – You have the right to see the same background check reports that employers and landlords receive.
4. Offer a clear dispute process – You must be given a straightforward way to challenge incorrect or outdated information.
5. Respect your rights under federal law – Reporting an expunged record is unlawful.

When a company ignores these obligations and reports an expunged record, they aren’t just being careless,  they’re breaking federal law.

This matters because the FCRA gives you teeth. You’re not stuck begging for fairness; you can demand justice. If a mistake costs you a job, housing, or a license, you may be entitled to damages.

And, if the background check company refuses to correct the error after you file a dispute, a background check lawyer can help you hold them accountable in court.

In short, your background check lawyer is your shield and the FCRA is your sword when expungement errors creep back into your life.

What Can I Do About an Expunged Record Showing Up on My Background Check? 

Here’s the truth: expungement is supposed to free you, not haunt you. If your past is still popping up where it doesn’t belong, you don’t have to accept it quietly.

You can push back, file a dispute, demand accuracy, and make it clear that your legal rights are not optional. The Fair Credit Reporting Act was written for exactly this reason, so that people aren’t punished over and over again for mistakes the law already erased.

The process often starts with paperwork, but it doesn’t end there. If your dispute goes nowhere or if the company continues to report an expunged record, you’re entitled to escalate the issue and get it resolved.

One of the most critical steps you can take if an expunged record keeps popping up is to reach out to an attorney.

The background check lawyers at Consumer Justice Law Firm can file claims, negotiate on your behalf, and seek compensation for the damage done.

Lost jobs, housing denials, and embarrassment all carry a price, and background check companies can be held accountable for that price.

Nobody should be marked “failed” on a background check because of lazy, sloppy reporting. Especially when the law already says your record is gone and should stay that way.

Get Justice! Get Fixes & Money

If background check companies keep dragging your expunged record into the spotlight, they’re not just being careless, they’re violating your legal rights.

At Consumer Justice Law Firm, we know how devastating it is to lose opportunities because of something the court already erased. 

That’s why our attorneys dedicate their work to holding background check companies accountable under the FCRA.

If an expunged record shows up again, remember this: it’s not your mistake, it’s theirs. You have the right to dispute the error, to demand an accurate background check report, and to fight for damages when the harm is real. 

Our team helps clients every day take back their dignity and their future by forcing background check companies to correct unlawful errors.

Expungement isn’t a favor – it’s the law. And with Consumer Justice Law Firm by your side, you can turn a background check failure into a chance to finally get justice and move forward with the clean slate you deserve! 

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