EXPUNGED ≠ ERASED — When Background Check Errors Keep Haunting You


You took the right steps

You got your criminal record expunged, sealed, or dismissed—yet you're still being denied jobs, housing, or even professional licenses. Why? Because background check companies often fail to update your records, leaving employers with outdated or inaccurate reports.

At R23 Law, our California Background Check Error Attorneys hold these companies accountable—and help consumers reclaim the future they’ve legally earned.

Expunged Does Not Mean Invisible

An expungement under California law is supposed to offer a second chance by clearing your criminal record from public view. But that doesn’t always stop third-party background check companies from reporting outdated information—especially if they rely on old databases or fail to verify their records.

These errors can result in:

  • Job offers being revoked

  • Housing applications denied

  • Professional licenses delayed or denied

  • Emotional distress and reputational harm

Why Is This Still Happening?

Many background check companies purchase public records in bulk and then fail to update them. Even after your case is dismissed or expunged, these companies may continue to:

❌ Report old convictions as active
❌ Fail to note a case was sealed or dismissed
❌ Confuse your record with someone else’s
❌ Disregard California’s strict background check laws

This isn’t just unfair—it’s illegal.

Your Rights Under California and Federal Law

California has some of the strongest consumer protections in the nation when it comes to background check accuracy.

🔹 Fair Credit Reporting Act (FCRA)

  • Requires background check companies to report accurate, up-to-date information

  • Gives you the right to dispute errors and demand corrections

  • Allows for statutory and actual damages for violations

🔹 Investigative Consumer Reporting Agencies Act (ICRAA)

  • California’s state-level protection, which limits reporting of expunged or sealed records

  • Requires clear disclosure and written consent for reports

  • Imposes penalties of up to $10,000 per violation, even without proof of harm

R23 Law uses both the FCRA and ICRAA to demand accountability.

What You Can Do If a Background Check Lists an Expunged Record

If you’ve been turned down for a job or housing opportunity due to outdated criminal records, here’s how to take action:

1. Request a Copy of the Background Check

You are legally entitled to a copy if the report is used to make an adverse decision.

2. Check for Accuracy

Look for any expunged, sealed, or dismissed charges that are still showing up.

3. Dispute the Errors

Send a written dispute to the background check company, providing proof of the expungement or court order.

4. Contact R23 Law

If the errors aren’t corrected promptly, our attorneys will step in to escalate your case—and, if necessary, file a lawsuit on your behalf.

Why R23 Law?

At R23 Law, we’re more than just legal advocates—we’re consumer protection warriors. Our R23 Law California Background Check Error Attorneys have helped clients:

  • Remove outdated convictions from background checks

  • Secure damages for lost job or housing opportunities

  • Force background check companies to update and correct their records

  • Litigate against repeat offenders who fail to comply with the law

We take on major data reporting agencies—and win.

Don’t Let an Expunged Past Destroy Your Present

You did the work. You cleared your record. Now it's time to make sure the system respects that.

If your background check still shows an expunged or sealed record, contact R23 Law’s California Consumer Protection Attorneys today for a free consultation. We’ll fight to restore your name—and your future.

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FCRA GETS SHARPER TEETH — CFPB's New Opinions Raise the Stakes for Data Handlers