Background Check Error Lawsuits in Massachusetts

Massachusetts gives job and rental applicants more protection than most states. The state credit reporting law covers background checks too. It generally bars consumer reports from listing criminal arrest, indictment or conviction records more than seven years old, and it bars reporting eviction records that a court has sealed. A background check company that reports old or sealed records may face claims under both state law and the federal FCRA.

Massachusetts also has a statewide ban-the-box law that reaches private employers. Under chapter 151B, an employer generally may not ask about criminal records on its initial written job application. Employers also may not ask about arrests that did not lead to a conviction, sealed or expunged records, or most misdemeanor convictions more than three years old. Narrow exceptions apply where a law bars people with certain convictions from a job.

The state CORI law adds a separate step. An employer or landlord that has your criminal record information must give you a copy of it before asking you about it, and before making an adverse decision based on it. Massachusetts law also lets tenants ask a court to seal many eviction records. Once a record is sealed, a tenant screening company generally may not report it or use it in a score, and must remove it within 30 days of sealing.

Where Massachusetts FCRA cases are filed

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

District of MassachusettsCourthouses: Boston, Worcester, Springfield.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.

Massachusetts laws that add to the FCRA

Seven-year limit on criminal records in consumer reports (Mass. Gen. Laws ch. 93, § 52)
Generally bars consumer reports from including criminal arrest, indictment or conviction records more than seven years old, and sealed eviction records. The stated exceptions cover only large credit and life insurance transactions. Read it
Massachusetts ban-the-box and criminal record inquiry limits (Mass. Gen. Laws ch. 151B, § 4(9) and (9½))
Bars employers from asking about criminal records on the initial written application, with narrow exceptions. Employers also may not ask about non-conviction arrests, sealed or expunged records, first convictions for certain minor offenses, or most misdemeanors more than three years old. Read it
CORI disclosure before questioning or adverse decisions (Mass. Gen. Laws ch. 6, § 171A)
Requires a person who has your criminal offender record information to give you a copy before asking about your criminal history, and before an adverse decision based on it. Anyone running five or more criminal background checks a year must keep a written CORI policy. Read it
Sealing of eviction records (Mass. Gen. Laws ch. 239, § 16)
Lets tenants petition to seal many eviction records, including no-fault cases and cases they won, and older cases after waiting periods. Consumer reporting agencies generally may not disclose sealed eviction records or use them in scores, and must remove them within 30 days of sealing. 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 a Massachusetts employer ask about my criminal record on a job application?

Generally no, not on the initial written application. Mass. Gen. Laws ch. 151B, § 4(9½) bars that question except for jobs where a law disqualifies people with certain convictions. Even later in the process, employers may not ask about non-conviction arrests, sealed records, or most misdemeanors more than three years old.

Can a background check in Massachusetts show a conviction from more than seven years ago?

Massachusetts law generally bars consumer reports from including conviction records more than seven years old. If a background check company reported an older conviction, or a sealed record, you may have claims under state law and the federal FCRA. The answer can depend on the type of report and when the record was entered.

Can a tenant screening company report a sealed eviction in Massachusetts?

Generally no. Under Mass. Gen. Laws ch. 239, § 16, consumer reporting agencies may not disclose a sealed eviction record or use it in a score or recommendation, and must remove it within 30 days of sealing. Violations can lead to actual damages, costs and attorney's fees.

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

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.