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Background check errors · Sacramento, Roseville, Folsom

Background Check Error Lawsuits in Sacramento

Background checks decide a lot of jobs and apartments across the Sacramento region. Errors happen. A report may list a criminal case that belongs to someone else with a similar name, show a dismissed charge as a conviction, or repeat one case several times. The FCRA requires background and tenant screening companies to follow reasonable procedures to make their reports as accurate as possible.

California adds its own hiring rule. The state's Fair Chance Act, in effect since January 1, 2018, applies to employers with five or more employees. Those employers generally may not ask about conviction history before making a conditional job offer. Larger City of Sacramento contractors face a separate local rule, City Code chapter 3.62, which bars conviction history questions until an applicant meets the minimum qualifications. The FCRA also requires any employer that plans to reject you based on a background report to first give you a copy of the report and a summary of your rights, so you have a chance to point out errors.

For renters, a landlord that denies an application or demands a bigger deposit because of a screening report must give you an adverse action notice naming the screening company. You can then get a free copy and dispute what is wrong. FCRA cases against background check and tenant screening companies from anywhere in the four-county metro can be filed in the Eastern District of California in Sacramento, or in state court.

Where Sacramento FCRA cases are filed

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

  • Eastern District of CaliforniaSacramento, Placer, Yolo and El Dorado counties (the whole metro). Courthouses: Sacramento.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:

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

Local and state rules in Sacramento

  • City of Sacramento Ban-the-Box Ordinance (city contractors) (Sacramento City Code ch. 3.62 (Ord. No. 2016-0036, adopted Sept. 6, 2016))
    Applies to City of Sacramento contractors and subcontractors with at least 20 employees working on city service or public-project contracts of $250,000 or more awarded after January 1, 2017. They may not ask about conviction history, on the application or otherwise, until the applicant is found to meet the minimum qualifications for the job. It does not cover positions where the law requires a background check, work outside the city contract, or other private employers. Read it
  • California Fair Chance Act (Cal. Gov. Code § 12952)
    Employers with five or more employees generally may not ask about or consider conviction history until after a conditional job offer. The state Civil Rights Department enforces the law, which took effect January 1, 2018. Read it

State law also applies: see California Background Check Error Lawyers.

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 Sacramento-area employer ask about my record on the application?

Under California's Fair Chance Act, employers with five or more employees generally may not ask about conviction history before a conditional offer. Some jobs are exempt because another law requires a background check. If an employer later relies on a background report, the FCRA requires it to give you a copy first.

My background check shows a case from another county that is not mine. What can I do?

You can dispute the record with the background check company that issued the report, and it must reinvestigate. Court records showing a different middle name or birth date can help show the mix-up. If the company reported the record without reasonable procedures to check identity, you may have an FCRA claim.

A tenant screening report cost me an apartment in Sacramento. Do I have rights?

Yes. The landlord should give you a notice naming the screening company, and you can request a free copy of your report. If it contains errors such as a dismissed eviction case or someone else's record, you can dispute it. A screening company that reports inaccurate information may be liable under the FCRA.

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

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.

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