Background Check Error Lawsuits in Arizona

Arizona has no state law that regulates employment or tenant screening companies beyond the federal FCRA, and no ban-the-box law for private employers. For state agency jobs, Executive Order 2017-07 removed criminal history questions from the initial application. Separately, A.R.S. § 13-904(E) says a public employer may not disqualify someone solely because of a prior conviction unless the offense has a reasonable relationship to the job. Law enforcement positions are excluded.

Arizona's sealing law, A.R.S. § 13-911, took effect at the end of 2022. It lets people petition to seal arrests without charges, dismissed or acquitted cases, and many convictions once the sentence is complete, including fines and restitution, and a waiting period has passed. The periods are two years for class 2 or 3 misdemeanors, three for class 1 misdemeanors, five for class 4 to 6 felonies and ten for class 2 or 3 felonies. Some dangerous and serious violent offenses cannot be sealed. Once a record is sealed, a person may generally say they were never arrested, charged or convicted, with exceptions such as fingerprint clearance cards and jobs with children or vulnerable adults.

A set-aside under A.R.S. § 13-905 is different. It releases many penalties but does not seal the record, and a person may still have to disclose the conviction if asked. A Certificate of Second Chance can come with a set-aside and gives employers and landlords some protection. A screening report that lists a sealed case, or shows a set-aside conviction without the set-aside, may be inaccurate or incomplete.

Where Arizona FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Arizona are heard in one federal district:

District of ArizonaCourthouses: Phoenix, Tucson, Prescott, Flagstaff, Yuma.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.

Arizona laws that add to the FCRA

Sealing of arrest, conviction and sentencing records (A.R.S. § 13-911)
Lets people petition to seal non-conviction records and many convictions after completing the sentence and a waiting period of two to ten years. After sealing, a person may generally state they were never arrested, charged or convicted, with listed exceptions. Read it
Set-aside of judgment; Certificate of Second Chance (A.R.S. § 13-905)
Lets a court set aside a conviction after the sentence is complete, which restores many rights but does not seal the record. A Certificate of Second Chance may be issued with it. Read it
Public employment and prior convictions (A.R.S. § 13-904(E))
Bars public employers from disqualifying a person solely because of a prior felony or misdemeanor conviction unless the offense has a reasonable relationship to the job. Law enforcement positions are excluded. Read it
Ban-the-box for state agency hiring (Ariz. Exec. Order 2017-07)
Directs state agencies to remove criminal history questions from the initial job application. It applies only to covered state agencies, not to private employers. 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

What can I say on a job application after my Arizona record is sealed?

In most cases, you may state that you were never arrested, charged or convicted of the sealed offense. Exceptions include fingerprint clearance card applications, some jobs involving children, vulnerable adults or finances, law enforcement work and disclosures required by law.

Can an Arizona employer ask about convictions on the application?

Private employers generally can, because Arizona has no private-sector ban-the-box law. State agencies covered by Executive Order 2017-07 should not ask on the initial application. Either way, an employer using a screening company must follow the FCRA's consent and adverse action rules.

Does a set-aside remove a conviction from my Arizona background check?

No. A set-aside does not seal the record, so the conviction can still be reported. The report should be complete, though, so showing the conviction without the set-aside may be inaccurate. Sealing under A.R.S. § 13-911 is the stronger remedy if you qualify.

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

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.