Enforcing a Texas Expunction or Non-Disclosure Order Against Private Background-Check Companies

Why private companies still have your record

Private background-check companies build their databases by pulling court records, arrest data, and criminal-history responses on a rolling basis. A company that pulled your record in 2020 still has that 2020 snapshot in its database in 2026 — even if your Texas record was expunged in 2025. The expunction order doesn’t automatically reach into the company’s cache.

Most reputable companies update their records on receipt of an expunction or non-disclosure order, but the update is not automatic. You (or your attorney) must send the order and demand the update. Companies that continue to report sealed or expunged records after notice violate federal and Texas consumer-protection law.

The FCRA framework

The Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., regulates consumer-reporting agencies including most private background-check companies. FCRA imposes accuracy and dispute-resolution obligations. When a consumer disputes the accuracy of reported information — including reporting of expunged or sealed records — the agency must investigate within 30 days and correct or delete inaccurate information.

FCRA enforcement framework:

• 15 U.S.C. § 1681e(b): requires consumer-reporting agencies to maintain "reasonable procedures to assure maximum possible accuracy" of reported information.
• 15 U.S.C. § 1681i: dispute procedure. The consumer disputes accuracy in writing. The agency must investigate within 30 days, correct or delete inaccurate information, and notify the consumer.
• 15 U.S.C. § 1681n / 1681o: private right of action for willful (§ 1681n) or negligent (§ 1681o) violations. Actual damages, statutory damages ($100–$1,000 per violation under § 1681n), and attorney’s fees.

Continuing to report an expunged or non-disclosed record after written notice can support a willful-violation claim under § 1681n.

Texas Business & Commerce Code remedies

Tex. Bus. & Com. Code ch. 20 regulates consumer-reporting agencies operating in Texas. The chapter parallels FCRA and provides additional Texas-law remedies for inaccurate or improperly reported information.

Texas-specific remedies:

• Damages. Actual damages plus, in some cases, exemplary damages for willful misconduct.
• Injunctive relief. Court order requiring the agency to correct the record and refrain from further inaccurate reporting.
• Attorney’s fees. Prevailing-party attorney’s fees in many scenarios.
• Texas DTPA overlay. In some cases, claims under the Texas Deceptive Trade Practices Act (Tex. Bus. & Com. Code ch. 17) can layer on consumer-protection remedies including treble damages.

The demand letter procedure

Before suing, send a written demand letter with a certified copy of the expunction or non-disclosure order. The letter should identify the inaccurate record, demand its removal, and set a 30-day response deadline. Most reputable companies comply on receipt; those that don’t become the targets of FCRA enforcement.

Standard demand letter content:

1. Your identifying information. Name, date of birth, last four of SSN (or address).
2. Description of the inaccurate record. The specific arrest, charge, or case that the company is reporting.
3. Notice of the expunction or non-disclosure. Attach a certified copy of the court order.
4. Demand for removal. Request that the company remove the record from its database and from all future reports.
5. Response deadline. 30 days from receipt of the letter.
6. Citation of authority. Reference FCRA § 1681i and Texas Business & Commerce Code ch. 20.
7. Statement of preserved rights. Reserve the right to pursue litigation if the company doesn’t comply.

Send via certified mail, return receipt requested, to the company’s registered agent or designated FCRA compliance address. Some companies have online dispute portals that satisfy the same notice requirement.

When to sue

If the company does not comply within 30 days after notice, FCRA and Texas remedies become available. A private right of action under FCRA can be filed in federal court (or state court under FCRA’s concurrent jurisdiction). Texas Business & Commerce Code claims can be filed in Texas state court.

Common case theories:

• Willful FCRA violation (§ 1681n). The company continued to report after written notice. Statutory damages $100–$1,000 per violation; punitive damages; attorney’s fees.
• Negligent FCRA violation (§ 1681o). The company failed to maintain reasonable procedures. Actual damages; attorney’s fees.
• Texas Business & Commerce Code claim. Parallel state-law claim with potentially additional remedies.
• DTPA overlay. Where the consumer-reporting conduct was deceptive or unconscionable.

Common targets and their procedures

A few private background-check companies appear most often in Texas record-clearing enforcement actions. Knowing their dispute procedures speeds the process.

Checkr

Online dispute portal at checkr.com/candidates. Standard FCRA dispute procedure. Compliance generally within 30 days.

GoodHire

Dispute submission via the candidate portal. Standard FCRA framework. Compliance generally within 30 days.

Accurate Background

Dispute via online portal or registered-agent mail. FCRA procedure.

Sterling

Standard FCRA dispute procedure via the candidate portal. Larger-volume operator; compliance varies.

Online aggregators (BeenVerified, Whitepages, Spokeo, etc.)

Often the most problematic targets. These aggregators pull from multiple sources and update less reliably. Demand letter to the listed registered agent. May require multiple follow-ups.

Court-records aggregators (PublicData, etc.)

Specialized in court-record reporting. Often require multiple demand letters because of cached data. FCRA jurisdiction sometimes contested.

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