The companies that produce background check reports like Checkr, HireRight, Sterling, Applicant Insight, GoodHire, First Advantage are required to give you a copy of any background check they have sold to a potential employer or landlord. The best way to get a copy and preserve your rights is to call the company that produced the report and request that they send you an electronic copy of the report. Be cautious when ordering new copies online as some of these companies will make you agree to their terms and conditions before supplying it. You are not required to agree to their terms and conditions to get a copy of your report.

NO! Expunged and/or sealed records are NOT permitted to appear on a consumer background check. Expungement/Sealing means the courts are closing off these records to the public and so a consumer reporting agency is not allowed to include this information. Make sure you locate a copy of your expungement record and/or sealing documentation from the court, and you can 1) get these records removed and 2) get compensation for any loss due to these errors.

The unfortunate answer here is no. While you may have a state law claim for a record that is more than 7 years old, federal law under the Fair Credit Reporting Act has held that a “conviction” is anything other than a plea of not guilty or a dismissal. This means that even a “no contest” plea as part of a deal with the prosecutor could stay on your record indefinitely. HOWEVER, make sure that all the other information being reported about this charge is being reported correctly. For instance, if your plea involved probation but the report is listing “time served”, this is an inaccuracy that could be harming you.

Some of the background check errors or concerns that we can help you with are:

• Reporting records that don’t belong to you
• Reporting the wrong disposition or severity of criminal cases
• Failing to update public records to show the final result (like a lien that is later satisfied or withdrawn or an eviction claim that is dismissed or settled)
• Lack of notice from reporting companies when they provide reports to employers before and adverse action
• Inadequate disclosures of intent to obtain reports by employers

We offer a NO COST, FREE evaluation of your background reports to see if there are any errors that we may be able to help you with. If we think you have a case and you decide you move forward, we work on a contingency basis which means we do not get paid unless you get paid. We have over a decade of experience helping consumers assert their consumer rights.