Background Check Error Lawsuits in Tampa Bay

In Florida, state law now controls tenant screening. A 2023 statute, section 83.425 of the Florida Statutes, preempts local regulation of residential tenancies, including the screening process landlords use and rental application fees. That means Tampa Bay renters generally cannot rely on a city or county screening ordinance. When a tenant screening report is wrong, the federal Fair Credit Reporting Act is a main source of protection. It requires screening companies to use reasonable procedures for accuracy and to reinvestigate disputes.

For jobs, Florida law limits how public employers may use a past conviction. Section 112.011 generally bars disqualifying someone from public employment solely because of a prior conviction unless it is a felony or first-degree misdemeanor directly related to the job. The cities of Tampa and St. Petersburg also hold criminal history questions for their own jobs until after a conditional offer. For private employers, the FCRA rules apply. The employer must get written permission before ordering a background check, and before rejecting you based on it must give you a copy of the report and a summary of rights.

Common errors include a sealed or expunged record that still appears, a case reported with the wrong outcome, and another person's record attached to your name. Cases from Hillsborough, Pinellas and Pasco counties are filed in the Middle District of Florida's Tampa Division. Hernando County cases go to its Ocala Division.

Where Tampa Bay FCRA cases are filed

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

Middle District of FloridaHillsborough, Pinellas and Pasco counties (Tampa Division, Sam M. Gibbons U.S. Courthouse); Hernando County (Ocala Division since November 1, 2025). Courthouses: Tampa, Ocala.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 Tampa Bay

Tampa ban-the-box for city jobs (City of Tampa Ordinance No. 2013-3 (signed January 14, 2013))
Removed the criminal history question from City of Tampa job applications and delays the background check until after a conditional offer. It covers city jobs only. Read it
Tampa contractor criminal history screening incentive (Tampa City Code § 2-284 (Bidder's Criminal History Screening Practices))
Firms bidding on some City of Tampa contracts may earn bonus evaluation points by documenting fair-chance hiring practices, including removing the criminal history question from their applications. Participation is voluntary, and the rule does not regulate other private employers. Read it
St. Petersburg city hiring policy (City of St. Petersburg administrative hiring policy (adopted 2015))
City of St. Petersburg job applicants are not asked to disclose criminal history on the application, and a background check is run only after a conditional offer. Public safety positions and jobs requiring Level II screening are excepted. It covers city jobs only. 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 record was sealed in Florida but still showed up on a background check. What can I do?

A background check company that reports a sealed or expunged record may be reporting inaccurate or outdated information. You can dispute it with the company and include a copy of the court order. If the company keeps reporting it, you may have a claim under the FCRA.

Can a landlord in St. Petersburg deny me based on a screening report?

A landlord may use a tenant screening report, but if it denies you based on that report it must give you an adverse action notice naming the screening company. You can then get a free copy of the report within 60 days and dispute any errors. The screening company must reinvestigate and fix or delete what it cannot verify.

Does the FCRA limit how far back a background check can go?

Arrests and other non-conviction records generally cannot be reported once they are more than seven years old, unless the job pays $75,000 a year or more. Convictions have no federal time limit. Even so, any record that is reported must be accurate and complete.

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

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.