Florida Expungements
REPORT Private Businesses
That do Not Comply with Non-disclosure

A List of Current Businesses that need to be notified of expunged or sealed records

We will be collecting this information and making it available to our clients.  In the future we plan on addressing this issue as part of our services to our clients.  All information on companies that have inaccurate data or records containing sealed or expunged data is welcome.

Additionally, inaccurate information that reflects badly about you and/or your character may be actionable under a defamation lawsuit.  Please call if false information is being sold to the public about you that is false and defamatory.

NUMBER ONE OFFENDER

www.PublicData.com (Warning: Going to this site may infect your computer with a trojan virus.)

PublicData.Com has disclosures that admit that their information could be inaccurate and that they will NOT correct the inaccuracies.  This company is located on a Caribbean island and sells data to other companies within the United States.  Expunge records are maintained and continue to be distributed.  This company hides behind a pledge to distribute information despite government efforts to hide it as a public service.  What it really does is sell personal information about YOU to anyone who pays for it.  This includes potential employers, lenders, leasing agents, strangers and criminals.  This company, so far, is by far the worst.  Many, more legitimate, companies access Public Data's database to collect their information.  These companies need to be targeted so that they will stop using Public Data as a source for "public" information.  Remember, once expunged your record is not a public record.

An Order to seal or expunge a criminal arrest record is sent to all law enforcement agencies that have been informed of the arrest and requires those agencies to comply and either seal or expunge their records.  But what about all the private businesses out there that sell "public information."  Before an expungement or sealing your criminal arrest history record was "public information."  How do these private businesses know that your record is no longer "public?"

The short answer to the above question is that they do not know.  In an effort to change this I am asking for information on these private companies so that a method can be devised that informs these companies of the change in status of your information.

If you have had a criminal arrest history record sealed or expunged but still had it appear on a private background check for any reason (or if you know of a private background check company) please take the following steps:

Step 1 - Find out what company disclosed this information.

Step 2 - Obtain a copy of what they disclosed.  (Fax copy to (407) 426-7780)

Step 3 - Contact that company and inform them that the records they are disclosing have been sealed/expunged and that they are no longer public information.  If they ask for a copy of the Order (and you have received a copy from our office) send them a "copy" of what you have.  Keep your copy.

Step 4 - Fill out the below information:

A Summary of Your Rights Under the Fair Credit Reporting Act

The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies.  There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records).  Here is a summary of your major rights under the FCRA.  For more information, including information about additional rights, go to www.ftc.gov/credit or write to: Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave., N.W., Washington, D.C. 20580.

• You must be told if information in your file has been used against you.  Anyone who uses a credit report or another type of consumer report to deny your application for credit, insurance, or employment - or to take another adverse action against you - must tell you, and must give you the name, address, and phone numbers of the agency that provided the information.

• You have a right to know what is in your file.  You may request and obtain all the information about you in the files of a consumer reporting agency (your "file disclosure").  You will be required to provide proper identification, which may include your social security number.  In many cases, the disclosure will be free.  You are entitled to a free disclosure if:

  -a person has taken adverse action against you because of information in your credit report;

  -you are a victim of identity theft;

  -your file contains inaccurate information as a result of fraud;

  -you are on public assistance;

  -you are unemployed but expect to apply for employment within 60 days.
   

• You have the right to ask for a credit score.

• You have the right to dispute incomplete or inaccurate information.  If you identify information in your file that is incomplete or inaccurate, and report it to the consumer reporting agency, the agency must investigate unless your dispute is frivolous.  See www.ftc.gov/credit for an explanation of dispute procedures.

• Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information.  Inaccurate, incomplete or unverifiable information must be removed or corrected, usually within 30 days.  However, a consumer reporting agency may continue to report information it has verified as accurate.

• Consumer reporting agencies may not report outdated negative information. In most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than 10 years old.

• Access to your file is limited.  A consumer reporting agency may provide information about you only to people with a valid need - usually to consider an application with a creditor, insurer, employer, landlord, or other business.  The FCRA specifies those with a valid need for access.

• You must give your consent for reports to be provided to employers.  A consumer reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the emplyer.  Written consent is not required in the trucking industry.  For more information, go to www.ftc.gov/credit.

• You may limit "prescreened" offers of credit and insurance you get based on information in your credit report.  Unsolicited "prescreened" offers for credit and insurance must include a toll-free phone number you can call if you choose to remove your name and address from the lists these offers are based on.  You may opt-out with the nationwide credit bureaus at 1-888-5-OPTOUT (1-888-567-8688).

• You may seek damages from violators.  If a consumer reporting agency, or, in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court.