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

• Remove all references to the case

• Stop reporting it permanently

• 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 double illegal:

1. Too old to report, and

2. 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

1. Get a copy of your HireRight report. You are legally entitled to it for free after an adverse action.

2. Find your expungement documents. You’ll need:

• The court order

• Expungement certificate (if applicable)

• Docket or disposition paperwork

3. Compare the court documents to what HireRight reported. If the case was:

• Expunged

• Sealed

• Dismissed

• Older than 7 years

and still appears, it’s very likely an FCRA violation.

4. Save evidence of job loss. This is important for damages. Keep:

• Adverse action letter

• Emails from the employer

• Screenshots or messages about the decision

• Timeline of events

5. Contact an FCRA attorney immediately. These cases are often extremely strong, especially when you’ve:

• lost a job,

• been denied employment, 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.

Have other questions? Ask away!