Why Does My Expunged Record Still Appear on a Background Check?

As a Nashville criminal lawyer, I often receive calls from former clients who are confused — their charges were dismissed, the case was expunged, and yet the arrest or court documents still appear on a background check. This can be frustrating, especially when it interferes with a job offer or lease. Here are the most common reasons why this happens — and what you can do about it.

1. Private Background Check Companies May Still Have Your Data

One of the most common reasons is data mining by private companies. These companies collect public records from courthouses while a case is still pending — before an expungement can be filed. Even when the court officially expunges your case, the update is not automatically shared with these third-party databases.

To check if this is the issue:

• Visit or contact the courthouse where your case was held and ask for records.
• If the court has no record, your case has been expunged at the state level.
• The background check results likely came from a private company still holding outdated data.

If so, you’ll need to:

• Identify the company that performed the background check.
• Contact them directly to request correction or deletion.
• If this incorrect information caused you to lose a job or housing, you may have legal grounds for a claim under the Fair Credit Reporting Act (FCRA).

2. FBI and Law Enforcement Records May Still Exist

Expunging your record in Tennessee courts does not automatically clear federal or confidential law enforcement databases, such as those held by the FBI or the Tennessee Bureau of Investigation (TBI).

If you plan to join the military, apply for a federal job, or work in law enforcement or sensitive industries, you’ll need to submit a separate request through your attorney to have these records expunged from those agencies, as well. This extra step is crucial for ensuring a clean background check at all levels.

3. Expungement Paperwork Was Never Properly Filed

Another frequent issue is miscommunication or errors in filing. Many people mistakenly believe that a dismissed case is automatically expunged. That’s not true. You or your attorney must actively file for expungement, and even then, mistakes in the paperwork can prevent the expungement from being processed correctly.

It’s always wise to:

• Follow up with the clerk’s office after filing.
• Get written confirmation once the expungement is complete.

What You Can Do Next

If your expunged record has resurfaced on a background check:

• Confirm with the court that the expungement was completed.
• Identify which company provided the inaccurate background report.
• Work with your attorney to request correction and pursue possible legal remedies if your rights were violated.

This process can be frustrating, but it’s solvable with the right legal support.

Need help navigating expungement or background check issues?

I’m Brent Horst — a criminal defense attorney licensed in Tennessee and Florida with years of experience handling expungements and protecting clients’ reputations. Contact my office for guidance on clearing your record for good.