Background Check's Reporting Expunged Conviction Isn't Defamation or Fair Credit Reporting Act Violation

Reason Magazine3/13/2026

Summary

In the case Smith v. InformData, LLC, decided by Judge Rossie Alston in the Eastern District of Virginia, plaintiff Harry Smith filed a lawsuit alleging defamation and violations of the Fair Credit Reporting Act. The court ruled that the reporting of Smith's expunged conviction by the background check company did not constitute defamation or a violation of the Fair Credit Reporting Act.

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