Background Check Error Lawsuits in Minneapolis–St. Paul

Minnesota has a statewide ban-the-box law. Minn. Stat. § 364.021 bars public and private employers from asking about or considering criminal records until an applicant is selected for an interview, or before a conditional offer if there is no interview. That timing rule is separate from the federal Fair Credit Reporting Act, which governs the background check report itself.

Both core cities also regulate tenant screening. In Minneapolis, owners must either follow the city's inclusive screening criteria or assess each applicant individually. Under the inclusive criteria, owners may not consider arrests without a conviction, misdemeanors more than three years old, most felonies more than seven years old, or evictions more than three years old. St. Paul's tenant protections ordinance, Legislative Code section 193.03, sets similar uniform criteria, including limits on old convictions, credit scores and evictions more than three years old. When a tenant screening report includes an old eviction, a dismissed case or someone else's record, the error can collide with these rules and may also violate the FCRA's accuracy requirements.

Background check cases from the Minnesota counties are filed in the District of Minnesota, in Minneapolis or St. Paul. Cases from St. Croix and Pierce counties go to the Western District of Wisconsin in Madison.

Where Minneapolis–St. Paul FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Minneapolis–St. Paul are heard in 2 federal districts:

• District of MinnesotaAll Minnesota counties in the metro, including Hennepin, Ramsey, Dakota, Anoka, Washington, Scott, Carver, Wright and Sherburne; Twin Cities cases are heard in Minneapolis or St. Paul depending on the assigned judge. Courthouses: Minneapolis, St. Paul.Filed with local or cooperating counsel
• Western District of WisconsinSt. Croix and Pierce counties, Wisconsin. Courthouses: Madison.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 Minneapolis–St. Paul

• Minneapolis renter screening requirements (Minneapolis Code of Ordinances § 244.2030 (applicant screening criteria for prospective tenants))
  Minneapolis rental property owners must either follow the city's inclusive screening criteria or do an individualized assessment of each applicant. Under the inclusive criteria, owners may not consider a credit score, a short credit history, arrests without conviction, misdemeanors more than three years old, most felonies more than seven years old, or evictions more than three years old. Read it
• St. Paul tenant protections (uniform screening criteria) (St. Paul Legislative Code § 193.03 (Chapter 193 as re-enacted by Ord. No. 25-31, 2025))
  St. Paul landlords must publish their screening criteria and either apply uniform criteria or do an individualized assessment. Under the uniform criteria a landlord may not deny an applicant for arrests without conviction, expunged or vacated convictions, juvenile records, most misdemeanors more than three years old, most felonies more than seven years old (ten for certain serious offenses), a credit score by itself, or an eviction more than three years old. A denial must name the screening company used. Read it
• Minneapolis and St. Paul city hiring resolutions (Minneapolis City Council resolution (Dec. 2006); St. Paul City Council resolution and mayoral directive (Dec. 2006))
  Both cities removed criminal history questions from city job applications and run background checks only for positions that warrant them, after an applicant is found otherwise qualified. They cover city jobs only; Minn. Stat. § 364.021 now sets timing rules for public and private employers statewide. Read it

State laws also apply: see Background Check Error Lawsuits in Minnesota and Background Check Error Lawsuits in Wisconsin.

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

When can a Minnesota employer ask about my criminal record?

Under Minn. Stat. § 364.021, employers generally must wait until you are selected for an interview, or until a conditional offer if there is no interview. Background checks themselves are also governed by the FCRA, which requires your written permission. Before rejecting you based on the report, the employer must give you a copy and a summary of rights.

A tenant screening report showed an eviction case that was dismissed. Is that allowed?

Minneapolis's inclusive screening criteria bar owners from considering dismissed or won eviction cases. Under the FCRA, a screening company must also report accurately, and showing a dismissed case as a judgment against you may be inaccurate. You can dispute the entry and ask the company to correct it.

How do I get a copy of my tenant screening report?

If a landlord denies your application based on a screening report, it must tell you which company supplied it. You can then request a free copy within 60 days. You also have the right under the FCRA to request your file from a screening company directly.

How long do I have to file an FCRA lawsuit in Minneapolis–St. Paul?

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
• U.S. District Court for the District of Minnesota, Local Rule 83.11 (divisions)
• U.S. District Court for the Western District of Wisconsin, Jurisdiction
• City of Minneapolis, Renter Screening
• City of St. Paul, Tenant Protections
• Minn. Stat. § 364.021
• 15 U.S.C. § 1681i (disputes and reinvestigation)
• 15 U.S.C. § 1681s-2 (duties of furnishers)
• 15 U.S.C. § 1681m (adverse action notices)
• 15 U.S.C. § 1681g (consumer's right to file disclosure)
• National Employment Law Project, Ban the Box: U.S. Cities, Counties, and States Adopt Fair-Chance Policies (Oct. 2021)
• St. Paul Legislative Code, Chapter 193, Tenant Protections (§ 193.03, applicant screening)
• Minnesota court decision describing Minneapolis Code § 244.2030 (applicant screening ordinance)

Updated November 2026. This page is general information, not legal advice.