Background Check Error Lawsuits in Florida

Florida has no state law that regulates employment or tenant screening companies, and no statewide ban-the-box law for private employers. The federal FCRA sets most of the rules: screening companies must use reasonable procedures for maximum possible accuracy, and employers must give you a copy of the report before acting on it. For public jobs and state licenses, Fla. Stat. § 112.011 says a person may not be disqualified solely because of a prior conviction unless the crime was a felony or first-degree misdemeanor directly related to the position. Law enforcement, corrections and firefighting jobs are excluded.

Florida lets people seal or expunge many records where there was no conviction or adjudication was withheld, under Fla. Stat. §§ 943.059 and 943.0585. A court order is required, and there are limits, such as one sealing or expunction in most cases. Fla. Stat. § 943.0595 also provides for automatic sealing of state criminal history records when no charges were filed, all charges were dismissed or the person was acquitted. Since 2023, the related court record must be kept confidential as well. A person may generally deny a sealed or expunged arrest, but not when applying for certain jobs, such as law enforcement, schools and work with children or vulnerable adults.

Commercial screening databases may still hold copies made before a record was sealed. If one appears, it may be outdated and can be disputed. Florida's freeze law exempts certain tenant screening services, so a credit freeze may not stop a landlord's screening check.

Where Florida FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Florida are heard in 3 federal districts:

Northern District of FloridaCourthouses: Tallahassee, Pensacola, Gainesville, Panama City.Filed with local or cooperating counsel
Middle District of FloridaCourthouses: Jacksonville, Orlando, Tampa, Fort Myers, Ocala.Filed with local or cooperating counsel
Southern District of FloridaCourthouses: Miami, Fort Lauderdale, West Palm Beach, Fort Pierce, Key West.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.

Florida laws that add to the FCRA

Court-ordered expunction (Fla. Stat. § 943.0585)
Lets eligible people ask a court to expunge records where charges were dismissed or the person was acquitted, and some other records after ten years of sealing. Expunged records are destroyed except for limited copies. Read it
Court-ordered sealing (Fla. Stat. § 943.059)
Lets eligible people ask a court to seal records where there was no conviction, including cases where adjudication was withheld. A person may generally deny the sealed arrest, with exceptions for certain jobs and licenses. Read it
Automatic sealing of criminal history records (Fla. Stat. § 943.0595)
Requires the state to seal its criminal history records automatically when no charges were filed, all charges were dismissed or the person was acquitted, except for forcible felonies and certain listed offenses. The related court record becomes confidential. Read it
Public employment and licensing after a conviction (Fla. Stat. § 112.011)
Bars public employers and licensing agencies from disqualifying a person solely because of a prior conviction, unless it is a felony or first-degree misdemeanor directly related to the job or license. Law enforcement, corrections and firefighting positions are excluded. 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 I deny a sealed or expunged arrest on a Florida job application?

In most cases, yes. Florida law generally lets a person lawfully deny or not acknowledge a sealed or expunged arrest. Exceptions include applying for law enforcement jobs, jobs with schools or with children, the elderly or the disabled, and certain licenses.

Will a dismissed Florida case be sealed automatically?

Often, yes. Under Fla. Stat. § 943.0595, the state seals its record automatically when charges were never filed, all charges were dismissed or you were acquitted, unless a forcible felony or certain other offense was charged. Private background check databases may still hold older copies, which you can dispute.

Does a Florida credit freeze stop a tenant screening check?

Not always. Florida's freeze law exempts certain tenant screening and check services, so they may still be able to report on you. Any tenant screening report must still meet the FCRA's accuracy and dispute rules.

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

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.