In a recent decision by Judge Rossie Alston of the Eastern District of Virginia, the case of Smith v. InformData, LLC has shed light on the issue of expunged convictions and their impact on background checks. The ruling, which was handed down on Wednesday, has significant implications for both employers and employees alike.
The case was brought forward by Harry Smith, who alleged that InformData, LLC had violated the Fair Credit Reporting Act (FCRA) and defamed him by including an expunged conviction on his background check report. Smith had previously been convicted of a crime, but the conviction was later expunged from his record. Despite this, InformData, LLC had included the conviction on Smith’s background check report, leading to his termination from his job.
In his ruling, Judge Alston stated that including an expunged conviction on a background check report does not constitute a violation of the FCRA. The FCRA requires that consumer reporting agencies (CRAs) take reasonable steps to ensure the accuracy of the information they report, but it does not explicitly address the issue of expunged convictions. As such, Judge Alston found that InformData, LLC had not violated the FCRA by including the expunged conviction on Smith’s report.
Furthermore, Judge Alston also ruled that including an expunged conviction on a background check report does not constitute defamation. While Smith argued that the inclusion of the conviction had damaged his reputation and caused him to lose his job, Judge Alston stated that the report was accurate at the time it was created and therefore could not be considered defamatory.
This ruling has significant implications for both employers and employees. For employers, it provides clarity on their obligations when conducting background checks. While the FCRA does not explicitly address expunged convictions, this ruling confirms that including them on a background check report does not constitute a violation. Employers can continue to rely on these reports as a tool for making informed hiring decisions.
On the other hand, for employees, this ruling serves as a reminder of the importance of understanding their rights when it comes to background checks. While expunged convictions may not be included in background check reports, other information such as arrests and non-conviction records may still appear. It is crucial for individuals to be aware of their rights under the FCRA and to take action if they believe their rights have been violated.
In addition to the legal implications of this ruling, it also highlights the importance of accuracy in background check reports. While CRAs have a responsibility to ensure the accuracy of the information they report, it is ultimately up to the individual to review their report and take action if they believe it is incorrect. This case serves as a reminder to both CRAs and individuals to take the necessary steps to ensure the accuracy of background check reports.
In conclusion, the ruling in Smith v. InformData, LLC has provided clarity on the issue of expunged convictions and their inclusion on background check reports. Judge Alston’s decision confirms that including an expunged conviction does not constitute a violation of the FCRA or defamation. This ruling has significant implications for both employers and employees, and serves as a reminder of the importance of understanding rights and ensuring the accuracy of background check reports.