Background Check Error Lawsuits in Cleveland

Background checks are part of applying for jobs and apartments across Northeast Ohio. Errors can cost you both. A report may attach another person's criminal record by name only, show a sealed or expunged case, list one case several times, or report an eviction filing in municipal court without noting it was dismissed. The FCRA requires screening companies to use reasonable procedures to make their reports as accurate as possible.

Ohio law limits public employers. Under Ohio Revised Code § 9.73, the state, counties and cities, including the City of Cleveland and Cuyahoga County, may not put criminal background questions on job application forms. Cuyahoga County's own code, Chapter 306, goes further for county jobs: the county generally may not ask about criminal history until it has made a conditional offer. Ohio courts can also issue a Certificate of Qualification for Employment, which can relieve certain collateral sanctions and gives an employer that knowingly hires a certificate holder protection from certain negligent hiring claims. Private employers that use a background check company must follow the FCRA, including giving you a copy of the report and a summary of rights before rejecting you.

Renters denied a unit because of a tenant screening report should receive a notice naming the screening company. You can then get a free copy and dispute errors. Background check cases from the six-county metro can be filed in the Northern District of Ohio in Cleveland.

Where Cleveland FCRA cases are filed

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

Northern District of OhioCuyahoga, Lorain, Lake, Medina, Ashtabula and Geauga counties (the whole metro, served by the court's Cleveland location). Courthouses: Cleveland.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 Cleveland

Cuyahoga County prohibition on considering criminal convictions for county jobs (Cuyahoga County Code ch. 306 (Ord. No. O2012-0005, effective Sept. 30, 2012; amended by Ord. No. O2021-0018))
Cuyahoga County may not ask about criminal background on county job applications or inquire into it until an applicant has a conditional offer, unless state or federal law requires a check for the position. It must then weigh the nature of the offense, the time since conviction, the job duties and evidence of rehabilitation. It covers county jobs only. Read it
City of Cleveland fair hiring policy for City jobs (City of Cleveland administrative policy announced Sept. 26, 2011)
Removed the felony conviction checkbox from City of Cleveland job and civil service test applications, with background checks run only on finalists. It covers City jobs only. Read it
Ohio public employer application rule (Ohio Rev. Code § 9.73)
Ohio state agencies and political subdivisions, including counties and cities, may not include any question about an applicant's criminal background on a job application form. They may still note laws that disqualify people with certain records from particular jobs. Read it
Ohio Certificate of Qualification for Employment (Ohio Rev. Code § 2953.25)
Ohio courts may issue a certificate that relieves a person from certain collateral sanctions that limit employment. In a negligent hiring claim, the certificate gives immunity to an employer that knew of it when hiring. Read it

State law also applies: see Background Check Error Lawsuits in Ohio.

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 the City of Cleveland or Cuyahoga County ask about my record on the job application?

Ohio law bars public employers from putting criminal background questions on application forms. They may still run background checks later in hiring. If a consumer reporting agency prepares that check, the FCRA's accuracy and notice rules apply.

An eviction case that was dismissed showed up on my tenant screening report. What can I do?

A report that lists a filing but leaves out the dismissal can be misleading. You can get your file from the screening company named in the denial notice and dispute the entry. If it is not corrected, you may have an FCRA claim.

Does a Certificate of Qualification for Employment stop a background check company from reporting my record?

No. A certificate does not erase or seal a record, so a conviction may still be reported if it is accurate. It can make it easier for an employer to hire you. A report must still be accurate and complete under the FCRA.

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

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.