Background Check Error Lawsuits in Alabama

Alabama has no state law that regulates employment or tenant background check companies, and no statewide ban-the-box law for private employers. For Alabama workers and renters, the federal FCRA does most of the work. It requires screening companies to use reasonable procedures to assure maximum possible accuracy. Employers must get your written permission before ordering a report and must give you a copy and a summary of your rights before taking adverse action based on it.

Alabama's expungement law matters most for background checks. Under Ala. Code § 15-27-1 et seq., people can ask a court to expunge many dismissed charges, acquittals and no-bills. The 2021 REDEEMER Act added some non-violent misdemeanor and violation convictions, three years after conviction once the sentence is complete, and pardoned felonies. After expungement, the proceedings are treated as if they never happened, and you generally need not disclose them on employment applications. Law enforcement and corrections jobs, licensing agencies, utilities and financial institutions are exceptions. A screening company that keeps reporting an expunged case may be relying on outdated data.

Alabama also offers an Order of Limited Relief under Ala. Code § 12-26-1 et seq. It creates a presumption of rehabilitation for licensing and gives an employer who knew of the order protection from negligent-hiring claims. Birmingham removed the criminal history question from city job applications by executive order in 2016, but that covers city jobs only. Alabama has no state tenant-screening statute, so renters rely mainly on the FCRA.

Where Alabama FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Alabama are heard in 3 federal districts:

Northern District of AlabamaCourthouses: Birmingham, Huntsville, Florence, Tuscaloosa, Anniston.Filed with local or cooperating counsel
Middle District of AlabamaCourthouses: Montgomery, Dothan, Opelika.Filed with local or cooperating counsel
Southern District of AlabamaCourthouses: Mobile, Selma.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.

Alabama laws that add to the FCRA

Alabama expungement law, including the 2021 REDEEMER Act (Ala. Code § 15-27-1 et seq.)
Lets people petition to expunge many non-conviction records and, since 2021, certain non-violent misdemeanor, violation and municipal convictions and pardoned felonies. Violent, sex and serious traffic offenses are excluded, and there are limits on how many records can be expunged. Read it
Effect of expungement (Ala. Code § 15-27-6)
Treats expunged proceedings as if they never occurred and lets the person leave them off most employment applications. Disclosure is still required to licensing agencies, utilities and financial institutions, and for law enforcement and corrections jobs. Read it
Order of Limited Relief (Ala. Code § 12-26-1 et seq.)
Lets a person with a conviction ask a court for an order that creates a presumption of rehabilitation for licensing. An employer who knew of the order when hiring gets protection from negligent-hiring claims. Read it
Licensing board limits on criminal records (Ala. Code § 41-9A-2)
Bars state licensing boards from denying a license based on a conviction not directly related to the occupation, a pardoned, sealed or expunged conviction, or an arrest that did not lead to conviction. Read it

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 an Alabama employer ask about my criminal record on the application?

Usually yes. Alabama has no statewide ban-the-box law for private employers. If the employer uses a background check company, the FCRA still requires your written permission, a copy of the report and a summary of rights before an adverse decision.

Do I have to disclose an expunged record on an Alabama job application?

Generally no. Alabama law treats expunged proceedings as if they never occurred, so you usually may leave them off employment applications. Law enforcement and corrections jobs, and applications to licensing agencies, utilities and financial institutions, are exceptions.

Can a background check report an Alabama case that was dismissed?

The FCRA lets screening companies report arrests that did not lead to conviction for up to seven years, though jobs paying $75,000 or more a year are exempt from that limit. The report still must be accurate and complete, so a dismissed case should not appear as pending or as a conviction. If the case was expunged, reporting it may show the company is using stale data.

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

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.