Background checks are a routine part of hiring for many jobs across South Florida, and many landlords screen rental applicants. The federal Fair Credit Reporting Act governs the companies that sell these reports. They must use reasonable procedures for maximum possible accuracy, and they must reinvestigate disputes, generally within 30 days. Miami-Dade County limits criminal history questions on applications for county government jobs.
Employers must give a standalone written disclosure and get written permission before ordering a background check. Before rejecting someone based on the report, they must provide a copy and a summary of rights. A landlord that denies an application based on a screening report must give an adverse action notice naming the screening company. Common errors include a record that belongs to someone with a similar name, a sealed or expunged Florida case that still appears, a dismissed case reported as a conviction, and an eviction filing shown without its outcome. Arrests that did not lead to a conviction generally cannot be reported once they are more than seven years old, except for jobs paying $75,000 a year or more.
Background check cases from the metro are filed in the Southern District of Florida, with courthouses in Miami, Fort Lauderdale and West Palm Beach.
Where Miami & Fort Lauderdale FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from Miami & Fort Lauderdale are heard in one federal district:
- Southern District of FloridaMiami-Dade, Broward and Palm Beach counties. Courthouses: Miami, Fort Lauderdale, West Palm Beach.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.
Local and state rules in Miami & Fort Lauderdale
- Miami-Dade County criminal history screening practices (county jobs) (Code of Miami-Dade County § 2-31 (Ord. No. 15-118, as amended by Ord. No. 21-110))
Adopted in 2015, it removed criminal history questions from Miami-Dade County job applications and limits how the county may use records in hiring. It covers only county government jobs, not private employers, and does not apply to law enforcement and certain other positions or where state or federal law requires different screening. It does not create a right to sue. Read it
State law also applies: see Background Check Error Lawsuits in Florida.
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
My Florida record was sealed, but a background check still shows it. What can I do?
A background check company that keeps reporting a sealed or expunged case may be using outdated records. You can dispute it and send a copy of the court order. If the company does not correct its report, you may have a claim under the FCRA.
Does the FCRA apply to condo association or apartment screening?
The FCRA applies to the screening company whenever it supplies a consumer report used to decide on a rental or similar housing application. If the decision is based on that report and is unfavorable, the person or group making it must give you a notice naming the company. You then have the right to a free copy and to dispute errors.
Do I have to be told before an employer rejects me over a background check?
Yes. Under the FCRA, an employer must give you a copy of the report and a summary of your rights before taking adverse action based on it. This lets you point out mistakes before a final decision.
How long do I have to file an FCRA lawsuit in Miami & Fort Lauderdale?
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 Area Population Totals: 2020–2025
- 28 U.S.C. § 89 (judicial districts of Florida)
- U.S. District Court for the Southern District of Florida
- Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
- 15 U.S.C. § 1681c-2 (blocking identity theft information)
- 15 U.S.C. § 1681p (time limit for FCRA claims)
- Miami-Dade County, Ordinance amending § 2-31 (criminal history screening practices for county employment), 2021
Updated November 2026. This page is general information, not legal advice.