Background Check Error Lawsuits in North Dakota

North Dakota has few state laws on background checks beyond the federal FCRA. It has no state consumer reporting agency law for employment or tenant screening, and no statewide ban-the-box law for private employers. That means the FCRA's rules do most of the work: employers must get written permission before ordering a report, give a copy and a summary of rights before taking adverse action, and screening companies must report accurate, complete and up-to-date records.

Public employers are different. Under Century Code § 12.1-33-02.2, the state, counties, cities and park districts generally may not ask about or consider criminal history until an applicant has been selected for an interview. School districts and the Department of Corrections and Rehabilitation are excluded, as are employers required by law to run a criminal check.

North Dakota allows sealing of criminal records under Chapter 12-60.1. A person may petition to seal a misdemeanor after three years without a new conviction, or a felony after five years, or after a full pardon. Violent felonies during the firearm-ban period and registrable sex offenses are excluded, and the court must find good cause by clear and convincing evidence. For dismissals and acquittals entered on or after August 1, 2025, the court record is closed automatically after 61 days. Older nonconviction cases may be closed by a petition with no filing fee. A screening company that reports a sealed or closed case may be liable under the FCRA.

Where North Dakota FCRA cases are filed

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

District of North DakotaCourthouses: Bismarck, Fargo, Grand Forks, Minot.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.

North Dakota laws that add to the FCRA

Public employment, consideration of criminal record (N.D. Cent. Code § 12.1-33-02.2)
Public employers, including the state, counties and cities, generally may not ask about or consider criminal history until an applicant is selected for an interview. School districts and some other employers are excluded. Read it
Sealing criminal records (N.D. Cent. Code §§ 12-60.1-01 to 12-60.1-04)
Allows a petition to seal a misdemeanor record after three years without a new conviction, a felony after five years, or a pardoned conviction. Some violent and sex offenses are excluded. Read it
Closing nonconviction records (N.D. Cent. Code § 12-60.1-05)
Court records of cases dismissed or acquitted on or after August 1, 2025 are closed automatically after 61 days. Earlier nonconviction cases can be closed on petition without a filing fee, with some exceptions. 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 North Dakota employer ask about my criminal record on an application?

Private employers are not covered by a state ban-the-box law. Public employers, such as the state, counties and cities, generally must wait until you are selected for an interview. Any employer that uses a background check company must follow the FCRA.

My case was dismissed in North Dakota. Will it show on background checks?

For dismissals and acquittals entered on or after August 1, 2025, the court record is closed automatically after 61 days. For older cases, you may petition the court to close the record without paying a filing fee. If a background report still shows a closed or dismissed case as something worse, you can dispute it with the screening company.

What can I do if a tenant screening report has the wrong record?

North Dakota has no separate tenant screening statute, so the FCRA applies. You can request your file from the screening company and dispute errors, and the company generally must reinvestigate within 30 days. If inaccurate information cost you an apartment, you may have a claim in the U.S. District Court for the District of North Dakota.

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

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.