How to Dispute an Expunged Record on a First Advantage (FADV) Background Check
Why an expunged record might appear on an FADV report
Expunged records usually show up due to data problems, not because the expungement “didn’t work.” Common causes include outdated third-party databases, failure to refresh court data, or poor matching practices. Sometimes the case is removed from the court’s public portal, but FADV continues reporting an older snapshot of the record.
Regardless of the reason, once a case is expunged, continuing to report it can make the background check inaccurate and misleading, and is a violation of your consumer rights.
How to dispute an expunged record with First Advantage
Start by getting a copy of the exact FADV report used by the employer or landlord. Look at how the expunged case is listed - case number, court, charge, and dates.
Next, gather proof of expungement. This is usually a court order, certificate of expungement, or docket entry clearly stating the case was expunged.
Then submit a dispute to First Advantage, stating clearly that:
The case was expunged,
It should not be reported, and
You are requesting immediate removal and a corrected report.
Attach the expungement order and keep copies of everything you submit.
What if FADV “verifies” the expunged record anyway?
If you already disputed the expunged record and FADV claims it is “verified,” that is a major red flag. At that point, the issue is no longer just a correction, it may be a legal violation, especially if the report was used to deny or delay employment or housing.
Expunged-record reporting cases are often strong because the law is clear: information that legally should not exist for screening purposes should not be reported.
When this becomes a lawsuit
You may have grounds to pursue an FCRA claim if:
FADV reported an expunged case,
You notified them through a dispute,
They failed or refused to remove it, and
You suffered harm (job denial, rescinded offer, delayed start, lost income, housing denial).
How We Can Help
If First Advantage is reporting an expunged record and won’t correct it, we can review your report and expungement paperwork, handle the dispute properly, and pursue compensation under the FCRA if the illegal reporting caused you harm.