The Fair Credit Reporting Act sets the main rules for background checks and tenant screening across the Charlotte region, on both sides of the state line. Charlotte's nondiscrimination ordinance, expanded in 2021, covers employment for employers of all sizes, but its list of protected classes does not include criminal history. The City of Charlotte (since 2014) and Mecklenburg County (since 2016) dropped the conviction question from their own job applications, but neither rule covers private employers. That leaves federal law as a main source of protection when a background report is wrong.
Under the FCRA, an employer must give you a standalone written disclosure and get your written permission before ordering a background check. Before rejecting you based on the report, it must give you a copy and a summary of your rights, so you can point out errors. Background check and tenant screening companies must use reasonable procedures to report accurately. 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.
Common errors include a North Carolina expunction that still appears, a charge listed twice, and a South Carolina record matched to the wrong person. Background check cases are filed in the federal district for the county where you live. That means the Western or Middle District of North Carolina, or the District of South Carolina for York, Lancaster and Chester counties.
Where Charlotte FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from Charlotte are heard in 3 federal districts:
- Western District of North CarolinaMecklenburg, Union, Gaston and Anson counties (Charlotte Division); Iredell and Lincoln counties (Statesville Division). Courthouses: Charlotte, Statesville.Filed with local or cooperating counsel
- Middle District of North CarolinaCabarrus and Rowan counties. Courthouses: Greensboro, Winston-Salem, Durham.Filed with local or cooperating counsel
- District of South CarolinaYork, Lancaster and Chester counties (Rock Hill Division; the court says Rock Hill Division cases are heard in Columbia). Courthouses: Columbia.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 Charlotte
- City of Charlotte hiring policy (City of Charlotte administrative policy (announced February 28, 2014))
The City of Charlotte removed the criminal conviction question from its initial job application, except for public safety jobs such as police officers and airport employees, and asks about records later in hiring. It covers city jobs only. Read it - Mecklenburg County hiring policy (Mecklenburg County Board of Commissioners motion (March 16, 2016))
Directed the county manager to remove the criminal conviction question from the county's employment application. It covers county jobs only. Read it
State laws also apply: see Background Check Error Lawsuits in North Carolina and Background Check Error Lawsuits in South Carolina.
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
Does Charlotte have a ban-the-box law for private employers?
Charlotte's 2021 nondiscrimination ordinance covers private employers but does not list criminal history as a protected class. Private employers in the area must still 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 based on it.
My record was expunged in North Carolina but still showed up. What can I do?
A background check company that reports an expunged record may be reporting outdated or inaccurate information. You can dispute it with the company and include a copy of the expunction order. If the company keeps reporting it, you may have an FCRA claim.
A background check listed the same charge twice. Is that a problem?
Yes, it can be. Duplicate entries can make a single case look like several offenses, which may mislead an employer or landlord. You can dispute the duplicate entry, and the company must reinvestigate and correct inaccurate information.
How long do I have to file an FCRA lawsuit in Charlotte?
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 Western District of North Carolina, Jurisdiction
- U.S. District Court for the Middle District of North Carolina, Counties Served
- U.S. District Court for the District of South Carolina, Divisions
- 28 U.S.C. § 113 (judicial districts of North Carolina)
- 28 U.S.C. § 121 (District of South Carolina)
- City of Charlotte, Non-Discrimination Ordinance
- 15 U.S.C. § 1681b (employment reports)
- 15 U.S.C. § 1681c (limits on reporting old information)
- 15 U.S.C. § 1681i (disputes and reinvestigation)
- 15 U.S.C. §§ 1681n and 1681o (damages)
- WFAE, City Manager Ron Carlee Decides to Ban the Box (Feb. 28, 2014)
- National Employment Law Project, Ban the Box: U.S. Cities, Counties, and States Adopt Fair-Chance Policies (Oct. 2021)
Updated November 2026. This page is general information, not legal advice.