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Background check errors · Indianapolis, Carmel, Greenwood

Background Check Error Lawsuits in Indianapolis

Background checks are part of applying for jobs and apartments across the Indianapolis area. Errors happen. A report may attach someone else's criminal record by name only, show a sealed or dismissed case, list one case several times, or report an eviction filing without its dismissal. The FCRA requires screening companies to use reasonable procedures to make their reports as accurate as possible.

In 2014, the Indianapolis City-County Council passed a ban-the-box ordinance that delayed criminal history questions for city and county jobs and for certain city vendors until after a first interview. In 2017, Indiana enacted Senate Bill 312, which bars local governments from limiting how private employers use criminal history, so the vendor rule no longer applies. The rule for city and county jobs remains in Code chapter 670. The federal FCRA still applies to every employer that uses a background check company. Before rejecting you based on a report, the employer must give you a copy and a summary of your rights.

Renters denied an apartment because of a screening report are entitled to a notice naming the screening company, a free copy of the report and a chance to dispute it. Background check cases from all eleven counties in the metro can be filed in the Southern District of Indiana in Indianapolis.

Where Indianapolis FCRA cases are filed

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

  • Southern District of IndianaMarion, Hamilton, Hendricks, Johnson, Madison, Hancock, Boone, Morgan, Shelby, Brown and Tipton counties (the whole metro, in the court's Indianapolis Division). Courthouses: Indianapolis.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:

Which court is right depends on your facts. We'll tell you at your free case review.

Local and state rules in Indianapolis

  • Indianapolis-Marion County employment of ex-offenders ordinance (Revised Code of the Consolidated City and County of Indianapolis-Marion County, ch. 670, §§ 670-101 to 670-108 (G.O. 2, 2014, as amended by G.O. 42, 2017))
    City and county agencies may not include a criminal history box on their job applications or ask about convictions during the application process, and the chapter points to EEOC factors for weighing records. The 2014 version also restricted city vendors, but after Indiana's 2017 law (Senate Bill 312) barred local governments from limiting private employers' use of criminal history, the code now says only that a vendor's hiring policies may be considered in awarding city contracts. Read it

State law also applies: see Background Check Error Lawsuits in Indiana.

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

Does Indianapolis have a ban-the-box law for private employers?

Not for private employers generally. The 2014 Indianapolis–Marion County measure covered city and county hiring and certain city vendors, and a 2017 state law bars local governments from adopting ban-the-box rules. Private employers that use background check companies must still follow the FCRA.

My sealed Indiana record showed up on a background check. Can I do anything?

A sealed record generally should not appear on a background report. You can dispute it with the screening company and send a copy of the sealing order. A company that reports sealed records may not be using reasonable procedures, which can support an FCRA claim.

An employer withdrew my job offer after a background check without showing me the report. Is that allowed?

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. That step gives you a chance to explain or correct errors. Skipping it can violate the FCRA.

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

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.

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