Can expunged records be reported in background screening?

It’s little surprise that Florida, which has had one of the most open and accessible public records of all the states, –long available to private data agreggators– has drawn fire for the appearance of expunged criminal records in commercial databases. A background check on a prospective employee, who evidently wasn’t hired (or why would this be a news story?), may have underscored the truism: You can never really withdraw a declaration.

A criminal index records criminal charges. If the case is later expunged, the index and file removed from court public access, the original index with the criminal charges potentially still resides in the commercial databases. If these sources retain the previously reported charge, later deleted from the court docket, can it be noted in an employment background report?