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How Expunged or Dismissed Eviction Records on Background Checks Violate the FCRA

Tenant screening companies frequently report housing court records that are inaccurate or legally invalid. When background check companies report dismissed eviction actions, sealed court files, or outdated records, renters face unlawful housing denials.

The Persistence of Defective Housing Court Data

Screening agencies rely on bulk public record harvesters that collect initial court filings without checking their final dispositions. Consequently, an eviction case that was promptly dismissed or resolved in the tenant's favor often continues to appear on background checks as an active judgment.

Legal Standard: Maximum Possible Accuracy

Under the Fair Credit Reporting Act (FCRA), consumer reporting agencies must maintain reasonable procedures to assure maximum possible accuracy. Reporting dismissed filings as active evictions or failing to update court outcomes fails to meet this legal requirement.

Impact of Inaccurate Screening Reports

An erroneous eviction record creates severe obstacles for individuals seeking apartment rentals. Property managers relying on automated scoring systems frequently issue instant rejections based on inaccurate risk assessments, forcing consumers into temporary or substandard housing.

Holding Screening Agencies Accountable

If a tenant screening agency reports inaccurate court records and fails to correct them upon dispute, you can file a lawsuit under the FCRA. Available remedies include statutory and actual damages, as well as attorney's fees.

Horowitz Law PLLC represents tenants harmed by inaccurate background screening reports. Contact us to learn how we can help clear your record.