Reporting Expunged or Sealed Cases in Commercial Background Checks Violates the Fair Credit Reporting Act

Criminal Records, National Record Clearing Project

The Fair Credit Reporting Act (the FCRA) governs the accuracy of criminal background checks prepared by commercial screeners.  While there is not much case law holding that the FCRA prohibits commercial screeners from reporting expunged or sealed cases, there is little doubt that it does. Two FCRA provisions apply: Commercial screeners must use “reasonable procedures”…