California Background Check Error Lawyers

California regulates background check companies through the Investigative Consumer Reporting Agencies Act (ICRAA), Civil Code § 1786 et seq. Under § 1786.18, a screening company generally may not report arrests or convictions more than seven years after disposition, release or parole. Arrests that did not lead to conviction must come off once that is known. Unlike federal law, there is no exception for high-salary jobs. The main exception is when a government agency requires the employer to check. ICRAA also bars reporting eviction cases the tenant won or settled. A consumer can recover actual damages or $10,000, whichever is greater, under § 1786.50.

California's Fair Chance Act, Government Code § 12952, applies to employers with five or more employees. They may not ask about conviction history until after a conditional job offer. If they then want to withdraw the offer because of a conviction, they must do an individualized assessment, give written notice and allow at least five business days to respond. Labor Code § 1024.5 limits employer credit checks to certain jobs, such as managers and positions handling money or sensitive data. San Francisco and Los Angeles also have local fair chance rules.

Records cleared in California should stay off reports. Under Penal Code § 1203.425, the state automatically grants relief for many eligible convictions and arrests, and court records of those convictions are generally not disclosed. For renters, Code of Civil Procedure § 1161.2 keeps most eviction case files out of public view for at least 60 days, and longer when the landlord does not win quickly.

Where California FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from California are heard in 4 federal districts:

• Northern District of CaliforniaCourthouses: San Francisco, Oakland, San Jose, Eureka.Our attorneys are admitted here
• Eastern District of CaliforniaCourthouses: Sacramento, Fresno, Bakersfield, Redding.Filed with local or cooperating counsel
• Central District of CaliforniaCourthouses: Los Angeles, Santa Ana, Riverside.Our attorneys are admitted here
• Southern District of CaliforniaCourthouses: San Diego, El Centro.Our attorneys are admitted here

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.

California laws that add to the FCRA

• Investigative Consumer Reporting Agencies Act, reporting limits (Cal. Civ. Code § 1786.18)
  Bars background check companies from reporting criminal records more than seven years after disposition, release or parole, and from reporting eviction cases the tenant won or settled. Exceptions apply to large life insurance policies and checks a government agency requires an employer to run. Read it
• California Fair Chance Act (Cal. Gov. Code § 12952)
  Bars employers with five or more employees from asking about conviction history before a conditional offer. Before withdrawing an offer over a conviction, the employer must assess the record individually, give notice and allow at least five business days to respond. Read it
• Employer use of credit reports (Cal. Lab. Code § 1024.5)
  Bars most employers from using a consumer credit report for employment unless the job fits a listed category, such as a managerial job, law enforcement, or a position with access to large amounts of cash or sensitive financial data. Read it
• Automatic conviction and arrest record relief (Cal. Penal Code § 1203.425)
  Requires the state to grant automatic relief for many eligible convictions and arrests, and limits disclosure of those court records. Some offenses and people under supervision are excluded. Read it
• Limited access to eviction case records (Cal. Code Civ. Proc. § 1161.2)
  Keeps most eviction (unlawful detainer) court records closed to the general public for 60 days after filing, and keeps them closed afterward unless the landlord wins within that time or the court orders access after trial. 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 a California employer see a conviction older than seven years?

Usually not through a background check company. ICRAA bars reporting convictions more than seven years after disposition, release or parole, unless a government agency requires the employer to check. Federal law has a salary exception for jobs paying $75,000 or more, but California's rule does not.

Can a California employer run my credit?

Only for certain jobs. Labor Code § 1024.5 limits credit checks to positions such as managers, law enforcement and jobs with access to large amounts of cash or sensitive personal or financial data. Some financial institutions are exempt.

Can a tenant screening report include an eviction case I won?

California law generally bars screening companies from reporting eviction cases that the tenant won or that settled. Most eviction court files are also kept from public view under Code of Civil Procedure § 1161.2. If a report lists such a case, you can dispute it, and the company may be liable for damages.

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

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. District Court for the Northern District of California
• U.S. District Court for the Eastern District of California
• U.S. District Court for the Central District of California
• U.S. District Court for the Southern District of California
• 28 U.S.C. § 84 (California judicial districts)
• Cal. Civ. Code §§ 1785.13, 1785.31, 1786.18 (California.Public.Law)
• 15 U.S.C. § 1681t (FCRA relation to state laws)
• National Consumer Law Center, What States Can Do on Medical Debt Credit Reports (Nov. 2025)
• Hanson Bridgett, New California laws prohibit medical debt reporting
• California DFPI, Protecting the Financial Rights of Domestic Violence Survivors
• California Civil Rights Department, Fair Chance Act
• Cal. Lab. Code § 1024.5 (California.Public.Law)
• Cal. Code Civ. Proc. § 1161.2 (California.Public.Law)
• Collateral Consequences Resource Center, California profile
• Goodwin, CFPB issues rule that FCRA preempts state medical debt measures

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