Sealed or Expunged—but Still Reported? Fix Screening Errors Fast

Sealed or expunged records showing up in screening: what’s going wrong

When a sealed or expunged case appears on a tenant or employment screening report, two systems have failed. First, the court or repository removed public access to the record, but the change did not reach every private database. Second, the screening company (a consumer reporting agency, or CRA) did not use reasonable procedures to assure maximum possible accuracy when compiling your report. Under the Fair Credit Reporting Act (FCRA), you have clear rights to access your report, dispute errors, and force a reinvestigation and correction. You can also demand that the CRA notify prior recipients and, in many cases, recover damages when bad data costs you housing or a job.

What “sealed,” “expunged,” and similar orders actually do

Terminology varies by state, but the core idea is the same: the government restricts access to a record or treats it as if it never existed for most public purposes. Private CRAs that sell screening reports are expected to reflect these changes quickly and accurately.

Your rights under the FCRA when sealed/expunged records appear

• Access to the report that was used, free of charge after adverse action.
• Dispute & reinvestigation: the CRA must conduct a reasonable investigation, correct or delete inaccurate items, and send you the results with a free updated report.
• Maximum possible accuracy: CRAs must use reasonable procedures (e.g., fresh courthouse pulls, multi-identifier matching) to avoid reporting sealed/expunged data.
• Notice to prior recipients: on request, the CRA must send corrected information to anyone who received the erroneous report recently.
• Damages for negligent or willful violations, including actual losses, fees in some states, and punitive damages for willful misconduct.

Step-by-step remedy pathway

1) Identify the CRA and request your file

Use the adverse action notice to find the CRA’s name and contact details. Request the exact report that was delivered to the landlord or employer and a list of recent recipients of your report. Ask for the “sources” of the public records and the dates they were last updated.

2) Build a clean evidence pack

• Certified order sealing/expunging or court docket reflecting the sealing/expungement.
• Government ID and proof of your identifiers (DOB, last four SSN) to defeat mixed-file claims.
• If relevant, a clerk’s letter confirming the case is non-public.

3) File a targeted written dispute

List every erroneous item, attach proof, and request: (a) deletion/suppression, (b) reinvestigation with fresh courthouse verification, (c) notification to prior recipients, and (d) a statement of the CRA’s “method of verification.” Send by certified mail or through the CRA’s portal (save the confirmation).

Subject: FCRA Dispute – Sealed/Expunged Records Reported in Error
To: [CRA Name], Reinvestigations
I dispute the items below as inaccurate/incomplete. Each has been sealed or expunged.
1) State v. [Name], Case No. 2017-CF-0099 (County): expunged 06/02/2021.
2) [Eviction case], No. 19-EV-12345: record sealed 03/10/2022.
Attached: certified orders and dockets.
Please delete/suppress these items, conduct a fresh courthouse verification, and
send me written results, a free updated report, and the list of prior recipients to notify.
Also provide the method of verification used. 
Sincerely, [Name] [Address] [DOB] [Last 4 SSN] [Phone/Email]
  

4) Track deadlines and outcomes

5) Get the decision reconsidered

Send the corrected report and a short request to the landlord or employer: “The report listed a sealed/expunged case in error. The CRA has now deleted it. Please reconsider my application.” Most large property managers will reopen the file when they receive a corrected report directly from the CRA.

Advanced tactics to prevent reinsertion

• Suppression request: Ask the CRA to add a do-not-report flag for that case number so it is not reinserted from stale feeds.
• Source audit: Request the exact source names and last refresh dates. If a third-party vendor is stale, insist on fresh courthouse pulls.
• Mixed-file protection: Ask for a note on your file requiring full DOB and last four of SSN (or state ID) before associating any public record with you.
• Reinvestigation scope: Demand the CRA check all jurisdictions where the record could propagate (county, state repository, and any private aggregator it listed in your report).

How sealed/expunged issues affect housing vs. employment screening

Housing CRAs and employment CRAs all fall under the FCRA, but employment screens often have additional procedural duties (for example, providing pre-adverse and adverse action notices with copies of the report and rights to dispute before a final decision). Regardless of context, sealed or expunged records should not appear. If they do, your dispute rights and damages remedies are similar. In housing, some jurisdictions also restrict reporting of eviction filings that did not lead to judgment or require masking of older filings; those rules reinforce your position when a sealed eviction still appears.

“Graphics”: timelines and decision flow

FAQ (English)

1) Do I need to disclose a sealed or expunged case to a landlord/employer?

Usually no. Sealed/expunged records are intended to be treated as if they did not occur for most private screening purposes. Follow your state’s disclosure rules; many allow you to answer “no” to questions about sealed/expunged cases.

2) How long does the CRA have to fix this?

Reinvestigation generally must finish within 30 days of receiving your dispute (up to 45 days if you add new documents during the process). You should receive written results and a free updated report shortly after completion.

3) Can the CRA reinsert the item later?

Reinsertion of deleted information requires the CRA to re-verify the data and notify you within a short time window. With a sealing/expungement order, legitimate reinsertion should not occur unless the order is undone. Ask for suppression to reduce reinsertion risk.

4) My record is still visible on a people-search site. Does that affect the CRA?

CRAs cannot rely on stale, scraped data when assembling consumer reports. Your dispute demands fresh courthouse verification. You may also request deletion from the people-search site, but the CRA remains responsible for the accuracy of your report.

5) What damages can I recover?

For negligent violations you can seek actual damages (e.g., lost application fees, higher deposits, lost wages) and, in many cases, attorney fees. For willful violations, the FCRA allows statutory and punitive damages. States may offer additional remedies.

6) Can I force the landlord or employer to wait for corrections?

Employment screening typically includes a pre-adverse action step that gives you time to dispute before a final decision. Housing procedures vary; ask the landlord in writing to reconsider when the CRA finishes corrections. Many property managers will rerun the report automatically once they receive a correction notice.

7) The CRA says the court record is “public,” but the clerk says it’s sealed. What now?

Send the clerk’s written confirmation with your second dispute and demand deletion. Request the CRA’s method of verification. If they continue to report the item, escalate to the CFPB and your State AG, attaching the clerk’s letter.

8) Does this also apply to eviction filings that were sealed or masked?

Yes. Many states/localities restrict reporting of non-judgment eviction filings or require masking after a period or upon sealing. If a sealed or masked eviction appears, dispute it with the CRA and cite the sealing order or statute.

9) Should I dispute with the landlord/employer too?

Yes, but remember only a dispute to the CRA triggers FCRA reinvestigation duties. Copy the landlord/employer so they know a correction is pending and can reconsider quickly when fixed.

10) Do I need a lawyer?

Many consumers resolve sealing/expungement reporting errors through the FCRA dispute process. If the CRA does not correct the error, or you suffered significant losses, consult a consumer-rights attorney. Some take strong FCRA cases on contingency.

Legal/technical base (English)

• Fair Credit Reporting Act, 15 U.S.C. §1681 et seq.
  • §1681e(b) – reasonable procedures to assure maximum possible accuracy.
  • §1681i – dispute and reinvestigation duties; correction/deletion; notice of results.
  • §1681m – adverse action notices.
  • §§1681n–o – civil liability for willful/negligent noncompliance.
  • §1681b – permissible purpose (who can pull your report).
• Furnisher obligations after a CRA forwards a dispute: §1681s-2(b) (investigate, correct, and report results back to the CRA).
• State sealing/expungement and “Clean Slate” statutes (vary by state): many require courts and repositories to restrict access and prohibit disclosure of sealed/expunged records; several also limit reporting of non-conviction criminal data and eviction filings in housing screens.
• Local fair-chance housing/employment ordinances: may restrict consideration of certain records and require individualized assessment.

Conclusion

Sealed or expunged records should not appear in tenant or employment screens. When they do, the FCRA gives you a clear map: get the report, prove the seal/expungement, dispute and track deadlines, insist on deletion and suppression, notify prior recipients, and seek reconsideration. If a CRA or data furnisher keeps circulating sealed information—or refuses to correct it—you can escalate to regulators and, when appropriate, pursue compensation. Your record was cleared for a reason; your screening report should reflect that reality.