After Expungement

Last verified: April 2026

Step 1: Get Certified Copies

As soon as the court issues your expungement order, request multiple certified copies from the court clerk. You will need to distribute these to every agency that holds your records. Most courts charge $5–$15 per certified copy. Order at least five to six copies — more if your record exists in multiple jurisdictions.

Step 2: Distribute the Order

Send or deliver certified copies to each of the following:

• Court clerk — the court that issued the order (they typically retain a copy automatically, but confirm)
• Arresting police department — send to the records division with a cover letter requesting destruction or sealing of your arrest record
• County sheriff's office — if the sheriff maintains separate booking or jail records
• Probation or parole department — if you were under supervision
• State criminal records repository — your state's central criminal records agency (typically the State Police or Bureau of Investigation)

Send each copy via certified mail with return receipt. This creates a paper trail proving you notified each agency, which becomes important if records fail to update.

Step 3: Understand the Update Timeline

Different databases update at different speeds:

• Court records — typically updated within 48 hours of the order
• State criminal repositories — 2 to 4 weeks after receiving the order
• FBI database — 30 to 60+ days. The FBI receives updates from state repositories, not directly from courts, so the delay compounds.

Step 4: Verify Your Records

Wait 60 to 90 days after the court order, then run a background check on yourself. Use the same sources you checked before filing (state repository and FBI Identity History Summary) plus at least one commercial background check service. This is the only way to confirm that every database has actually updated.

If the FBI Still Shows Your Record

If your FBI Identity History Summary still shows the expunged record after 60 days, submit an Identity History Summary Challenge under 28 CFR §16.34. This is a formal process for disputing inaccurate FBI records. Include a certified copy of your expungement order and a clear explanation of the discrepancy. The FBI is legally required to correct records that no longer reflect accurate disposition information.

Dealing with Private Background Check Companies

Commercial background check companies — the ones employers actually use — scrape court records and maintain their own databases. They do not automatically receive court orders, and many continue reporting expunged records until someone forces them to stop.

If a private background check still shows your expunged record, you have strong legal tools:

Dispute Under the FCRA

The Fair Credit Reporting Act, §1681i gives you the right to dispute inaccurate information with any consumer reporting agency. The agency has 30 days to investigate and correct or remove the disputed information. File the dispute in writing, include a certified copy of the expungement order, and send it via certified mail.

Sue for Violations

If a background check company reports an expunged record after receiving your dispute, you can sue under the FCRA for:

• $100 to $1,000 per violation in statutory damages
• Actual damages — including lost wages from denied employment
• Attorney fees — the losing side pays your legal costs

CFPB Advisory Opinion (January 2024)

The Consumer Financial Protection Bureau issued an advisory opinion in January 2024 affirming that consumer reporting agencies must not report information that has been expunged, sealed, or otherwise rendered legally inaccessible. This opinion strengthens enforcement of existing FCRA obligations and gives consumers additional legal grounding for disputes and lawsuits.

Understanding the FCRA 7-Year Rule

The FCRA's 7-year lookback period is frequently misunderstood. Under federal law, the 7-year limit applies only to non-convictions (arrests that did not result in conviction). Convictions can be reported indefinitely under federal law.

However, some states impose stricter limits. California, Massachusetts, and New York have laws that restrict reporting of convictions beyond certain timeframes. Check your state's specific rules, and remember that expungement is designed to override these reporting rules entirely — once expunged, the record should not be reported at all, regardless of the 7-year rule.