Background Check Error Lawsuits in Birmingham

Alabama does not have a statewide law requiring private employers to remove conviction questions from job applications. The National Employment Law Project lists the states that do, and Alabama is not one of them. That means a Birmingham-area job applicant may be asked about criminal history early in hiring. The City of Birmingham itself removed the question from the initial stage of city job applications under a 2016 mayoral executive order. Many employers also order a background check before making a final decision.

When those reports are wrong, the federal Fair Credit Reporting Act gives job seekers and renters important protections. Screening companies must follow reasonable procedures to assure maximum possible accuracy. Before an employer takes adverse action based on a report, it must give you a copy of the report and a summary of your rights. Arrests and other non-conviction records generally cannot be reported after seven years, though this limit has exceptions for some high-salary jobs. Common errors include records belonging to someone with a similar name, dismissed charges reported as convictions, and outdated arrests.

Renters in Birmingham, Hoover and the surrounding suburbs face the same problems with tenant screening reports. Background check claims from Jefferson, Shelby and Blount counties are generally filed in the Northern District of Alabama in Birmingham. Claims from St. Clair County go to Anniston and those from Walker and Bibb counties to Tuscaloosa. Chilton County claims go to the Middle District of Alabama in Montgomery. FCRA claims may also be filed in Alabama state court.

Where Birmingham FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Birmingham are heard in 2 federal districts:

Northern District of AlabamaJefferson, Shelby and Blount counties (Southern Division, Birmingham); St. Clair County (Eastern Division, Anniston); Walker and Bibb counties (Western Division, Tuscaloosa). Courthouses: Birmingham, Anniston, Tuscaloosa.Filed with local or cooperating counsel
Middle District of AlabamaChilton County (Northern Division, Montgomery). Courthouses: Montgomery.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

Checkr: HQ in N.D. California
First Advantage and Sterling: HQ in N.D. Georgia
RealPage: HQ in N.D. Texas

Which court is right depends on your facts. We'll tell you at your free case review.

Local and state rules in Birmingham

City of Birmingham ban-the-box executive order (Mayor William A. Bell, Sr., Executive Order "Ban the Box" (Feb. 4, 2016; effective upon signing))
A mayoral executive order directed the city's Human Resources Department to remove criminal history questions from the initial stage of city job applications, stop treating a record as an automatic bar and give applicants a chance to contest an inaccurate or irrelevant record. Sensitive government positions where a record is disqualifying are excluded. It covers City of Birmingham jobs only, not private employers, and as an executive order it is not a codified ordinance. Read it

State law also applies: see Background Check Error Lawsuits in Alabama.

Common background check errors

Someone else's criminal or eviction record matched to you by name
Dismissed, sealed or expunged cases still reported
Charges reported as convictions, or misdemeanors as felonies
The same case listed several times
Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

Can a Birmingham-area employer ask about my criminal record on an application?

Alabama has no statewide law requiring private employers to remove conviction questions from job applications. But if an employer uses a background check company, the FCRA applies. The employer must get your written permission first. It must also give you a copy of the report before rejecting you based on it.

My background check shows a case that was dismissed. Can that hurt me?

A screening report must be accurate, and showing a dismissed charge as a conviction, or leaving off the dismissal, may violate the FCRA. Non-conviction records such as arrests generally may not be reported after seven years, with limited exceptions. You can dispute the record with the screening company, which must reinvestigate.

A landlord in Jefferson or Shelby County denied my rental application over a screening report. What now?

The landlord must tell you that the denial was based on a consumer report and give you the name and contact information of the company that supplied it. You can get a free copy of that report and dispute any errors. If the company fails to correct inaccurate information, you may have a claim under the FCRA.

How long do I have to file an FCRA lawsuit in Birmingham?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

Updated November 2026. This page is general information, not legal advice.