Sealed or Expunged Criminal Records Still Showing Up on Background Checks?
If you live in New Jersey and have had your criminal record sealed or expunged, that information should never appear on a background check for a job, housing, or professional license. Unfortunately, many private background check companies still report outdated or inaccurate criminal history, including records that the courts have already removed. This is a violation of your rights under the Fair Credit Reporting Act (FCRA), and you may be entitled to compensation if it has happened to you.
For many New Jersey residents, the expungement or sealing of a criminal record represents a fresh start. The law recognizes that you deserve to move forward without the shadow of a past mistake. Once a record is sealed or expunged, it is generally no longer available to the public, employers, or landlords.
Unfortunately, we are seeing an alarming trend. Private background check companies are reporting outdated or inaccurate information, including criminal charges and convictions that have long been sealed or expunged. This practice is not only unfair, it is often illegal under federal law.
What Does It Mean to Have a Record Sealed or Expunged in New Jersey?
In New Jersey, expungement is the process of removing certain arrests, charges, or convictions from your criminal record. Once expunged, these records should not appear in most background checks. Sealing records similarly limits public access, although certain government agencies may retain internal access.
For most employment, housing, and other private screening purposes, sealed or expunged records are legally treated as if they never existed.
The Fair Credit Reporting Act (FCRA) Protects You
The Fair Credit Reporting Act (FCRA) is a federal law that governs how consumer reporting agencies, including criminal background check companies, collect and share your information.
Under the FCRA, background check companies must:
- Use accurate and up-to-date information
- Remove records that are no longer reportable under law
- Take reasonable steps to ensure the maximum possible accuracy of the information they report
If a record has been sealed or expunged in New Jersey, reporting it on a background check for employment or housing is generally a violation of the FCRA.
Why Are These Errors Happening?
We have seen a rise in cases where private background check companies rely on old databases or fail to update their information from court systems.
Common causes include:
- Data scraping from outdated public sources
- Failure to update records after court orders of expungement or sealing
- Reliance on third-party vendors without verifying accuracy
These mistakes can cost people job offers, housing opportunities, and professional licenses, all based on information that should no longer be reported.
What to Do If a Sealed or Expunged Record Shows Up on Your Background Report
If you discover a sealed or expunged record being reported:
- Get a copy of your background report from the employer, landlord, or background check company.
- Gather proof of your expungement or sealing order from the court.
- Consult an attorney experienced in FCRA violations. If a company illegally reports your sealed or expunged record, you may be entitled to statutory damages, actual damages, and attorney’s fees.
We Can Help Protect Your Fresh Start
Our firm represents New Jersey consumers whose rights under the FCRA have been violated. If a background check company has reported a sealed or expunged record, it may be breaking the law and you may be entitled to compensation.
Do not let outdated or inaccurate data take away your second chance. Contact us today for a free consultation to learn how we can help you hold background check companies accountable and protect your rights.