Background Check Error Lawsuits in Minnesota

Minnesota adds several layers to the FCRA for job and rental screening. Under Minn. Stat. § 13C.02, an employer that wants a consumer report must give you a written disclosure with a box you can check to get a copy. If you check it, the screening company must send you the report, at no charge, within 24 hours of giving it to the employer. Minnesota's ban-the-box law, § 364.021, covers both public and private employers. They generally may not ask about criminal records until you are selected for an interview, or before a conditional offer if there is no interview.

Minnesota's Clean Slate law, Minn. Stat. § 609A.015, began automatically sealing many records in 2025. It covers dismissed cases, completed diversion, and many petty misdemeanor, misdemeanor, gross misdemeanor and listed felony convictions after waiting periods of two to five years. Once a record is sealed, a background check that still reports it may be inaccurate.

Minnesota also regulates tenant screening. Under § 504B.241, a tenant screening service must give you your file, free if it was used against you in the past 30 days. It must reinvestigate disputes and delete inaccurate or unverifiable items. Before issuing a report with court data, it must check current court records within 24 hours. Many eviction cases must be expunged under § 484.014, including cases the tenant won, dismissed cases, and evictions ordered more than three years ago. Landlords must name their screening service before taking an application fee under § 504B.173.

Where Minnesota FCRA cases are filed

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

District of MinnesotaCourthouses: Minneapolis, St. Paul, Duluth, Fergus Falls.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.

Minnesota laws that add to the FCRA

Minnesota employment disclosure and copy rule (Minn. Stat. §§ 13C.02–13C.03)
Requires a written disclosure with a checkbox to request a free copy of any consumer report obtained for employment, which the screening company must send within 24 hours. After an adverse action, you can get a free copy within five days of a written request. Read it
Minnesota ban-the-box law (Minn. Stat. § 364.021)
Public and private employers may not ask about or consider criminal records until an applicant is selected for an interview, or before a conditional offer if there is no interview. Employers with a legal duty to check criminal history are exempt. Read it
Minnesota automatic expungement (Clean Slate) (Minn. Stat. § 609A.015)
Automatically seals eligible records, including dismissals and many convictions after waiting periods of two to five years without a new offense. Some agencies may still see sealed records for certain licensing and background studies. Read it
Residential tenant reports (Minn. Stat. § 504B.241)
Gives tenants the right to their screening file, free in some cases, and to dispute errors. The screening service must delete inaccurate or unverifiable items, include your statement of up to 100 words, and check current court records before reporting court data. Read it
Expungement of eviction case records (Minn. Stat. § 484.014)
Requires courts to expunge eviction records in many situations, such as when the tenant prevailed, the case was dismissed, the parties agreed, or three years have passed since the eviction was ordered. 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 Minnesota tenant screening report show an old eviction?

Many eviction records must be expunged under Minn. Stat. § 484.014, including evictions ordered more than three years ago and cases that were dismissed or that the tenant won. An expunged eviction should not be on a tenant screening report. If it is, you can dispute it under § 504B.241 and may also have an FCRA claim.

When can a Minnesota employer ask about my criminal record?

Under Minn. Stat. § 364.021, most public and private employers must wait until you are selected for an interview. If there is no interview, they must wait until before a conditional job offer. Employers that are legally required to check criminal history are exempt.

My record was expunged under Minnesota's Clean Slate law but still appears on a background check. What can I do?

You can dispute the item with the background check company, which must investigate under the FCRA. A report that shows a sealed record as public may be inaccurate. Depending on the facts, you may be able to recover damages under the FCRA.

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

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.