Background Check Error Lawsuits in St. Louis

The City of St. Louis has a ban-the-box ordinance for private employers. Ordinance 71074, effective January 1, 2021, applies to employers located in the city with ten or more employees. They may not ask about criminal history until an applicant is found otherwise qualified and has been interviewed. They also may not run ads or use application forms that exclude people based on criminal history. Hiring and promotion decisions may rely on criminal history only if the employer weighs its frequency, recency and severity and it reasonably relates to the job. Complaints go to the city's Civil Rights Enforcement Agency.

Missouri has a separate rule for state jobs. Executive Order 16-04, issued in 2016, removed criminal history questions from initial applications for executive branch positions in most cases. St. Louis County applies a similar rule to its own hiring under a 2018 executive order.

Whatever the local timing rules, the federal Fair Credit Reporting Act governs the background report itself. Employers must get your written permission before ordering one. Before rejecting you based on the report, they must give you a copy and a summary of rights. Background check and tenant screening companies must use reasonable procedures for accuracy. Missouri-side cases are filed in the Eastern District of Missouri in St. Louis, and Metro East cases in the Southern District of Illinois.

Where St. Louis FCRA cases are filed

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

Eastern District of MissouriThe City of St. Louis and St. Louis, St. Charles, Jefferson, Franklin, Lincoln and Warren counties (Eastern Division). Courthouses: St. Louis.Filed with local or cooperating counsel
Southern District of IllinoisMadison, St. Clair, Monroe, Clinton, Jersey, Bond and Calhoun counties, Illinois. Courthouses: East St. Louis, Benton.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 St. Louis

City of St. Louis Ban the Box Ordinance (City of St. Louis Ordinance 71074 (Board Bill 120, 2019–2020))
Applies to employers located in the City of St. Louis with ten or more employees, effective January 1, 2021. Covered employers may not ask about criminal history until the applicant is found otherwise qualified and has been interviewed, and may not base hiring or promotion decisions on criminal history unless they consider its frequency, recency and severity and it reasonably relates to the job. Complaints go to the city's Civil Rights Enforcement Agency. Read it
St. Louis County hiring executive order (St. Louis County Executive Order signed June 11, 2018 (County Executive Steve Stenger))
Bars St. Louis County officials from reviewing criminal history during the initial review of applications for county government jobs; a background check may still be required later. Criminal justice, police, court, prosecutor, county counselor and park ranger positions are exempt. It covers county jobs only. Read it

State laws also apply: see Background Check Error Lawsuits in Illinois and Background Check Error Lawsuits in Missouri.

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 St. Louis city employer ask about my criminal record?

Under Ordinance 71074, employers in the City of St. Louis with ten or more employees generally may not ask until you are found otherwise qualified and have been interviewed. Some parts of the ordinance do not apply where other laws bar hiring people with certain records. Complaints go to the city's Civil Rights Enforcement Agency.

Does the St. Louis ordinance apply if I work in St. Louis County?

Ordinance 71074 applies to employers located in the City of St. Louis, which is separate from St. Louis County. Employers elsewhere in the metro still must follow the FCRA when they use a background check company. That includes getting your permission and giving you a copy of the report before rejecting you.

My background check showed a case that was dismissed. What can I do?

If a background report shows a dismissed case as a conviction, or leaves out the dismissal, it may be inaccurate or misleading. You can dispute it with the background check company and include court records. If the company does not fix it, you may have an FCRA claim.

How long do I have to file an FCRA lawsuit in St. Louis?

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.