Employers and landlords across Greater Boston and southern New Hampshire use background checks and tenant screening reports to decide who gets a job or an apartment. The federal Fair Credit Reporting Act governs the companies that sell these reports, whether they pull from state court records or from national databases. They must use reasonable procedures for maximum possible accuracy and reinvestigate disputes, generally within 30 days. In Boston and Cambridge, city ordinances also require companies that do business with the city to use fair criminal record screening policies.
Employers must give a standalone written disclosure and get permission before ordering a background check. Before rejecting someone based on the report, they must provide a copy of it 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 dismissed case reported as an open charge or conviction, and a housing court case reported 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 Suffolk, Middlesex, Essex, Norfolk and Plymouth counties are filed in the District of Massachusetts in Boston. Cases from Rockingham and Strafford counties go to the District of New Hampshire in Concord.
Where Boston FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from Boston are heard in 2 federal districts:
- District of MassachusettsSuffolk, Middlesex, Essex, Norfolk and Plymouth counties (Eastern Division). Courthouses: Boston.Filed with local or cooperating counsel
- District of New HampshireRockingham and Strafford counties, New Hampshire. Courthouses: Concord.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 Boston
- Boston CORI ordinance (city hiring and city vendors) (City of Boston Code § 4-7 (Ord. 2005 c. 7))
The City of Boston runs a criminal record (CORI) check only when the law requires it or the job is sensitive, and only after finding the applicant otherwise qualified. Before refusing or revoking a job over a record, the city must give the applicant a copy of the report and a chance to dispute it. Vendors that supply goods or services to the city must follow consistent CORI policies, and a vendor's failure to do so is grounds for rejecting or ending its contract. Read it - Cambridge CORI ordinance for city vendors (Cambridge Municipal Code § 2.112.060)
Vendors that supply goods or services to the City of Cambridge and run CORI checks must use screening policies consistent with the city's own CORI policy, and must certify this under penalty of perjury when bidding. A vendor whose policy does not conform may not contract with the city unless the City Manager grants a waiver. Read it
State laws also apply: see Background Check Error Lawsuits in Massachusetts and Background Check Error Lawsuits in New Hampshire.
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 Massachusetts record was sealed. Can a background check company still report it?
A background check company that reports a sealed case may be relying on outdated information. You can dispute the entry and provide proof of the sealing. If the company does not correct its report, you may have a claim under the FCRA.
A tenant screening report listed a housing court case I won. What can I do?
A report that lists a housing court case without showing that it was dismissed or decided in your favor may be inaccurate or incomplete. You can dispute it with the screening company, which generally must reinvestigate within 30 days. If it does not fix the report, you may have a claim.
Does an employer have to tell me it is running a background check?
Yes. Under the FCRA, an employer that uses a background check company must give you a clear written disclosure in a separate document and get your written permission. If it then plans to reject you based on the report, it must give you a copy first.
How long do I have to file an FCRA lawsuit in Boston?
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. § 101 (District of Massachusetts)
- U.S. District Court for the District of Massachusetts, Local Rules (Rule 40.1, divisions)
- U.S. District Court for the District of New Hampshire
- Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
- 15 U.S.C. § 1681n and § 1681o (civil liability)
- City of Boston, CORI rules for City vendors
- City of Boston Code § 4-7, CORI Screening by Vendors of the City of Boston
- City of Cambridge, CORI Compliance Form (Cambridge Municipal Code § 2.112.060)
Updated November 2026. This page is general information, not legal advice.