I Finished My Probation and Paid My Debt to Society, but the Case Still Appears on My Background Check and I’m Getting Turned Down for Jobs

Completing probation and satisfying all court requirements does not automatically remove the case from your background check. Many people assume once they’ve “paid their debt to society,” their record clears itself, but that isn’t how the system works. Depending on your state and the age of the case, the charge may still legally appear unless it is expunged, sealed, or incorrectly reported.

However, if the information is inaccurate, outdated, misleading, or reported longer than the law allows, you may have a claim under the Fair Credit Reporting Act (FCRA).

Why the Case Still Appears on Your Background Check

Even after completing probation, a case may still show up because:

  • The charge was never expunged or sealed

  • The case resulted in a conviction (many remain on record permanently)

  • The case is within the 7-year reporting window allowed in many states

  • Third-party databases or data brokers still show outdated info

  • The disposition (final result) was updated in court but not in digital systems

  • HireRight, Checkr, First Advantage, or another company pulled old data

  • Your identity is mixed with someone else’s

The court closing your probation does not automatically remove the record.

When Reporting the Case Becomes Illegal

Under the FCRA, background check companies must report information that is:

  • accurate

  • up-to-date

  • complete

  • not misleading

You may have an FCRA claim if:

  • The case is shown as pending even though it’s closed

  • The case is reported as a felony instead of a misdemeanor

  • The disposition is missing or incorrect

  • An expunged or sealed case still appears

  • The case is older than 7 years (in many states) and still being reported

  • Someone else’s record is mixed into your report

Even if the case can appear legally, it must be reported correctly.

How to Fix a Case That Still Appears on Your Background Check

Follow these steps:

1. Get your official court records. Request:

  • the final disposition

  • proof you completed probation

  • any expungement or sealing eligibility info

2. Compare the court records with your background report. Look for errors like:

  • wrong charge level

  • outdated status

  • missing dismissal

  • incorrect dates

  • pending status after closure

3. File a dispute with the background check company. Submit:

  • a written explanation

  • copies of your court documents

  • proof of completion of all requirements

They are required to reinvestigate and update your record.

4. Consider sealing or expunging the case. Depending on your state, you may be eligible for:

  • expungement

  • sealing

  • set-aside

  • nondisclosure order

  • certificate of rehabilitation

These actions can remove the case from most background checks.

5. Contact an FCRA attorney. If the mistake caused:

  • job rejections

  • lost wages

  • repeated denials

  • reputational harm

You may be entitled to compensation.

How We Can Help

If your case is closed but still harming your job opportunities, we can investigate whether it’s being reported illegally, challenge the background check errors, and pursue compensation under the FCRA, with no upfront cost to you.

Contact Us!
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