Background checks are routine for jobs and apartments in the San Jose area. When a report is wrong, it can cost you a job offer or a lease. Common errors include another person's criminal record matched by name only, dismissed or sealed cases that still appear, one case listed several times, and eviction filings reported without their outcome. The FCRA requires background and tenant screening companies to use reasonable procedures to make their reports as accurate as possible.
California's Fair Chance Act, in effect since January 1, 2018, applies to employers with five or more employees. They generally may not ask about conviction history before making a conditional job offer. Santa Clara County has also kept conviction history off its own job application since 2012. The FCRA adds federal protections for every employer that uses a background check company: a separate written disclosure, your written permission, and a copy of the report and a summary of rights before any adverse decision based on it.
Renters denied a lease or charged a higher deposit because of a tenant screening report should receive a notice naming the screening company. You can then get a free copy and dispute errors. FCRA cases against background and tenant screening companies from Santa Clara and San Benito counties can be filed in the Northern District of California in San Jose, or in state court.
Where San Jose FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from San Jose are heard in one federal district:
- Northern District of CaliforniaSanta Clara and San Benito counties (the whole metro). Courthouses: San Jose.Our attorneys are admitted here
Local and state rules in San Jose
- Santa Clara County conviction history procedure for county jobs (County of Santa Clara hiring procedure adopted May 1, 2012)
Santa Clara County does not ask about conviction history on its job application, and its human resources department reviews conviction history only after a candidate is tentatively selected. It covers county jobs only. The California Fair Chance Act now sets similar limits for all public employers and for private employers with five or more employees. 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 San Jose-area employer ask about my record before making an offer?
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 where another law requires a check. If the employer later uses a background report, the FCRA requires it to share a copy first.
A background check listed a case that was dismissed. Is that an error?
It can be, especially if the report shows the charge but leaves out the dismissal. You can dispute it with the background check company, which must reinvestigate. Incomplete or misleading reporting may support an FCRA claim.
A tenant screening company mixed my record with someone else's. What can I do?
You can request your file from the screening company named in the denial notice and dispute the wrong entries. Matching by name alone is a known cause of errors. A company that fails to use reasonable procedures may be liable under the FCRA.
How long do I have to file an FCRA lawsuit in San Jose?
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
- U.S. Census Bureau, Metropolitan and Micropolitan Statistical Areas Population Totals (Vintage 2025)
- U.S. Census Bureau, CBSA delineation files and principal cities (July 2023)
- U.S. District Court for the Northern District of California
- 28 U.S.C. § 84 (California judicial districts)
- California Civil Rights Department, Fair Chance Act
- 15 U.S.C. § 1681c-2 (blocking identity theft information)
- 15 U.S.C. § 1681e (accuracy procedures)
- 15 U.S.C. § 1681i (reinvestigation of disputes)
- 15 U.S.C. § 1681b (employment disclosure, authorization and pre-adverse action notice)
- 15 U.S.C. § 1681m (adverse action notices)
- 15 U.S.C. § 1681p (where and when to sue)
- Cornell ILR Criminal Justice and Employment Initiative, Santa Clara County Ban the Box
- National Employment Law Project, Ban the Box: Fair Chance State and Local Guide (Oct. 2021)
Updated November 2026. This page is general information, not legal advice.