Background Check Error Lawsuits in Philadelphia

Philadelphia has had fair chance hiring rules for years, and the city amended them effective January 2026. Under the Fair Criminal Record Screening Standards, employers with one or more employees may not ask about criminal records on a job application. They may run a criminal background check only after making a conditional offer. An employer that plans to reject an applicant because of a record must give written notice, a copy of the report and time to respond. The Philadelphia Commission on Human Relations takes complaints.

Inside the city, a separate ordinance bars most employers from using credit history, and the Renters' Access Act requires landlords to share their screening criteria and copies of any screening reports they rely on. Outside the city limits, in the Pennsylvania suburbs, South Jersey and Delaware, other state and local rules apply. In every part of the metro, the federal Fair Credit Reporting Act governs the background check and tenant screening companies themselves. They must use reasonable procedures for maximum possible accuracy and reinvestigate disputes, generally within 30 days. Common errors include another person's record matched by name, a case that was expunged or dismissed still reported, and an eviction filing shown without its outcome.

Background check cases from Philadelphia and the Pennsylvania suburbs are filed in the Eastern District of Pennsylvania in Philadelphia. South Jersey cases go to the District of New Jersey in Camden, and New Castle County cases to the District of Delaware in Wilmington.

Where Philadelphia FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Philadelphia are heard in 4 federal districts:

Eastern District of PennsylvaniaPhiladelphia, Bucks, Chester, Delaware and Montgomery counties. Courthouses: Philadelphia.Filed with local or cooperating counsel
District of New JerseyCamden, Burlington, Gloucester and Salem counties (Camden vicinage). Courthouses: Camden.Filed with local or cooperating counsel
District of DelawareNew Castle County, Delaware. Courthouses: Wilmington.Filed with local or cooperating counsel
District of MarylandCecil County, Maryland (Northern Division). Courthouses: Baltimore.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 Philadelphia

Philadelphia Fair Criminal Record Screening Standards (Fair Chance Hiring law) (Philadelphia Code Chapter 9-3500, as amended by Bill No. 250373-A (effective January 6, 2026))
Philadelphia employers may not ask about criminal records on job applications and may run a criminal background check only after a conditional offer. Since January 6, 2026, they may not consider summary offenses, expunged or sealed records, misdemeanor convictions more than four years old or most convictions more than seven years old, not counting time in custody. Before rejecting an applicant over a record, the employer must give written notice, a copy of the report and 10 business days to respond; the Philadelphia Commission on Human Relations enforces it. Read it
Philadelphia ban on employer credit checks (Philadelphia Code § 9-1130 (Unlawful Credit Screening Practices in Employment))
Most Philadelphia employers may not obtain or use an applicant's or employee's credit information in hiring, firing, promotion or discipline. Limited exceptions remain, such as when state or federal law requires credit information or for certain jobs with significant financial responsibility. In effect since July 7, 2016, it was expanded on February 20, 2021 to cover law enforcement agencies and financial institutions that had been exempt. Read it
Philadelphia Renters' Access Act (tenant screening) (Philadelphia Code §§ 9-810 and 9-1108(3)–(4))
Since October 13, 2021, Philadelphia landlords must give applicants written screening criteria before taking an application or fee and, within three business days of a rejection, a written statement of reasons with copies of any third-party screening reports relied on. Landlords may not reject applicants based only on a credit or tenant screening score, or on eviction records that are sealed, more than four years old or did not end in a judgment for the landlord. Applicants may dispute errors or ask for reconsideration, and publicly assisted housing is exempt from parts of the law. Read it

State laws also apply: see Background Check Error Lawsuits in Delaware and Background Check Error Lawsuits in Maryland and Background Check Error Lawsuits in New Jersey and Background Check Error Lawsuits in Pennsylvania.

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 Philadelphia employer ask about my criminal record on the application?

No. Philadelphia's Fair Criminal Record Screening Standards bar employers from asking about criminal records on job applications. A criminal background check may be run only after a conditional offer. You can file a complaint with the Philadelphia Commission on Human Relations.

A background check showed a record I had expunged. Is that legal?

A background check company that reports an expunged record may be using outdated information, which may violate the FCRA's accuracy requirement. You can dispute the entry and send the expungement order. If the company does not fix it, you may have a claim.

What notices should an employer give me before rejecting me over a background check?

Under the FCRA, the employer must give you a copy of the report and a summary of your rights before taking adverse action. Philadelphia's ordinance adds its own written notice and response period. After a final decision, the FCRA also requires a notice naming the background check company.

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

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.