When Expunged Or Sealed Records Appear On Background Reports

Often, when a background check is being performed, the background reporting company will unearth records that were supposed to be expunged or sealed. Many states have rehabilitation laws that allow nonviolent or first-time offenses to be expunged (erased) or sealed (hidden from public view).

If records of yours that should have been expunged or sealed came to light during a credit or employment background check, bring this to our attention at SmithMarco, P.C. From offices in the Chicago area and Sarasota, Florida, we serve clients in many states.

We Will Stand Up For Your Rights After A Background Check Problem Occurs

If you have been able to obtain that legal protection from hiding a previous record, you should not suffer from having it appear on a background report.

Background reporting companies have an obligation to utilize all reasonable procedures to ensure maximum accuracy in their reports. They should, therefore, be able to weed out offenses that have been ordered by courts to be erased. We will go to bat for you to uphold your rights in such a situation.

Frequently Asked Questions About Expunged Or Sealed Records On Background Reports

Below are clear answers that can help you better understand how expungement works.

Are there any background checks that still show my sealed record or expungement?

Yes. Some background checks still report records that should no longer appear, depending on how the check is run and how the data is sourced. For instance:

• Private background check companies may rely on outdated databases, which are not always updated after a record is sealed or expunged.
• Certain government or licensing checks can access sealed records, depending on state law and the purpose of the inquiry.
• Errors often happen when data is pulled from third-party vendors, rather than directly from updated court records.

States treat sealed and expunged records seriously, which is why inaccurate reporting can carry legal consequences for the reporting company.

Can I lose my job over a sealed record or expungement?

Generally, a sealed or expunged record should not be used against you. However, mistakes still happen, and those mistakes can cause real harm:

• An employer may act based on incorrect information.
• Job offers can be delayed or withdrawn, especially when background checks are part of final hiring decisions.
• Current employment can be affected if a re-check reveals information that should have been removed.

Because employment decisions move fast, these situations often require immediate attention under state and federal consumer laws.

Does a sealed record or expungement affect my credit score?

Criminal records do not directly impact your FICO or credit score. Some landlords, lenders or employers use combined “consumer reports” that include both credit and criminal history. If a sealed record mistakenly appears, it could indirectly affect approvals for housing or loans.

Ensuring your record is properly sealed or expunged helps protect your access to jobs, housing and other opportunities, which can indirectly support your financial well-being over time. Clearing your record does not change your actual credit score, but it removes barriers that could affect your financial opportunities.

Ask An Attorney What To Do Next

SmithMarco, P.C. has a strong track record of fighting tirelessly for consumers’ rights. Our firm helps people that have experienced harm after an improper background report was prepared with information that was supposed to have been erased.

From Illinois and Florida, we work with clients in nationwide in all 50 states. For a free case consultation, call 888-915-0836 or send an email inquiry.