HireRight Reports an Expunged Case From Over 8 Years Ago I Lost My Job. How Do I Sue Them?
If HireRight reported an expunged case that should have been erased, especially one that’s more than 8 years old, this is a serious violation of the Fair Credit Reporting Act (FCRA). Expunged records must never appear on background checks, and cases older than 7 years are generally not legally reportable for employment screening. If this mistake cost you a job, you may have a strong legal claim for compensation.
Why HireRight Should Never Report an Expunged Case
An expunged case is legally treated as if it never happened. When a court expunges a record, background check companies must delete the record, stop reporting it permanently, and update all data sources. Reporting an expunged case is considered inaccurate, incomplete, and misleading, all of which are violations under the FCRA.
Why It’s Illegal to Report a Case Older Than 7 Years
In most employment-related screenings (with limited exceptions), the FCRA prohibits reporting:
Arrests older than 7 years.
Non-convictions older than 7 years.
Dismissed cases older than 7 years.
Any expunged or sealed case, regardless of age.
An 8+ year-old expunged case is doubly illegal: Too old to report, and expunged, so it should be gone permanently. HireRight is responsible for using current and accurate data sources. Reporting an expunged 8-year-old charge is the opposite.
What to Do Immediately If You Lost Your Job Over This
Get a copy of your HireRight report. You are legally entitled to it for free after an adverse action.
Find your expungement documents. You’ll need: the court order, expungement certificate (if applicable), and docket or disposition paperwork.
Compare the court documents to what HireRight reported. If the case was expunged, sealed, or dismissed, and it is older than 7 years but still appears, it’s very likely an FCRA violation.
Save evidence of job loss. This is important for damages. Keep the adverse action letter and emails from the employer.
Contact an FCRA attorney immediately. These cases are often extremely strong, especially when you’ve lost a job and/or suffered income loss.
Under the FCRA, you pay nothing upfront, and HireRight must cover your attorney’s fees if they broke the law.
Can You Sue HireRight?
In most cases like this - yes. You may be entitled to:
Statutory damages (up to $1,000).
Actual damages (lost wages, job loss, delay in onboarding).
Emotional distress damages.
Punitive damages (for reckless conduct).
Attorney’s fees and court costs.
Expunged-record violations are often considered willful, making them eligible for punitive awards.
How We Can Help
If HireRight reported an 8-year-old expunged case and it cost you a job, we can pursue an FCRA claim, force correction of your report, and fight for compensation - with no upfront cost to you.