After your legal rights have been violated once or twice, you will probably want to start taking a more aggressive and proactive approach against CRAs.

If you need more information on why your expunged record is showing up on background checks, go to our reference library. To solve a problem you must first understand it.

While the process listed below is a daunting, time-consuming and annoying project- it is currently the only method available to reduce the chances that an expunged record is illegally revealed.

Try to have a little fun with it by viewing this as a chance to turn the tables and go on the offensive.

The goal here is to eliminate any stale or outdated information, while also stockpiling your own data- data that can be used as evidence in court at a future date if necessary.

CRAs hate having to deal with proactive consumers. In fact, they get furious.
Awww, sorry we're not sorry. How does it feel?

The FCRA allows consumers to obtain and examine data of a consumer's file (you) kept by a CRA (background check company).

The reason we want to review our file is to determine if there is inaccurate or outdated (AKA ***expunged***) information.

It is the same principal and governing laws as when you request your free annual credit report- except there are multitudes of background screeners- not three.

This is a pretty easy process but the sheer volume consumes a significant amount of time.

How to Request a Full File Disclosure:

Download the Full File Disclosure Template
Click Here to Download the Full File Disclosure Template

  1. Use the "Full File Disclosure Request" letter template requesting a "full file disclosure, including sources for the information in the file."
  2. Determine which CRAs you want to send your full file disclosure request letter via our CRA Database. You could pick just the big national CRAs, the CRAs in the state in which you reside, or the CRA which furnishes data to your potential future employer or landlord. This is one of those times where it is better to be safe than sorry. Send your full file disclosure request to ALL of the CRAs in our database. Why? You never know what the future holds and who will be running your background check. Lester Rosen says, "Mass mailing to every screening firm you can find is not very helpful since most firms do not keep or create permanent records." Funny that Mr. Rosen happens to own a CRA (albeit his firm happens to be one of the more responsible firms). We disagree with his advice. Not only is it your legal right to know who possesses critical information on you, you will probably be surprised in what you find.
  3. Results will start to trickle in within a week. By law, nationwide CRAs have 15 days to respond. The smaller CRAs aren't specified but we use the 15 day guideline. The strange thing is that 99% of your full file disclosure requests will be answered with the CRA saying they "do not have any record of such individual." Interesting, because somehow that same CRA can end up reporting your expunged record in the future-- even if you cleansed the source in which they say furnished that new magically appearing record...These expunged records just somehow magically appear from thin air...
  4. Keep ALL of the correspondence and full file disclosures in a safe place. If you want to scan everything and toss the paper copies, fine. Why keep all of this data? One day in the future, if/when you miss a job or housing opportunity due to a CRA being sloppy or negligent, you will have the proper ammo to do something about it. Somehow, expunged records just magically reappear. That's why an evidence trail showing that the court record, furnisher to the CRA, and the CRA all had clean data in the past is so critical. When this happens, someone was lying to you about your file and now you can nail them. See what speakers from the National Association of Background Screeners had to say about this very situation: "Nobody Ever Purges Any Data."
  5. If a CRA does not respond- customize and send them the "File Disclosure Request Follow Up" letter template. If, after the second attempt, you don't hear back with 30 days - please let us know. When CRAs don't respond to a file disclosure request, they are breaking the law. We collect evidence from our user base and use the data against non-compliant CRAs in the form of complaints to the CFPB, FTC, or lawsuits.

Here's Why You DON'T Send Your Expungement Order to the Expungement Clearinghouse

Sound like a lot of work? It is, but you need to do it!
Just do a quick search of how often expunged records are showing up on background checks.

Why do we care?
Read more about our founder's unbelievable battle with background checks over the last few years.
His expunged record has now shown up over a dozen times.

Have a question about expunged records appearing on background checks?
Give us a shout. We created this site to help save you from what we had to go through.


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