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Background check errors · Pittsburgh

Background Check Error Lawsuits in Pittsburgh

Background checks are part of hiring and renting across the Pittsburgh region, in city neighborhoods and suburban counties alike. When a report is wrong, the damage is real. Common errors include another person's criminal record matched by name only, expunged or dismissed cases reported as active, a summary offense shown as a felony, and one case listed several times. The FCRA requires screening companies to follow reasonable procedures to make their reports as accurate as possible.

The City of Pittsburgh has a "Ban the Box" ordinance, Code § 161.16A, which took effect in its current form on August 3, 2023. It covers City contractors and subcontractors hiring for work under a City contract. They may not ask about conviction history until an applicant is found otherwise qualified, and they may run a background check only after a conditional offer. Complaints go to the Mayor's Office of Equal Protection. The City follows a similar rule for its own jobs under Code § 181.12, and Allegheny County has checked criminal history only after a conditional offer under a 2014 county policy. For any employer, the FCRA requires a copy of the report and a summary of rights before adverse action is taken based on it.

Renters denied an apartment because of a tenant screening report are entitled to a notice naming the screening company and a free copy of the report. Background check cases from the eight-county metro can be filed in the Western District of Pennsylvania in Pittsburgh.

Where Pittsburgh FCRA cases are filed

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

  • Western District of PennsylvaniaAllegheny, Westmoreland, Washington, Butler, Beaver, Fayette, Lawrence and Armstrong counties (the whole metro). Courthouses: Pittsburgh.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:

Which court is right depends on your facts. We'll tell you at your free case review.

Local and state rules in Pittsburgh

  • City of Pittsburgh Ensuring Equal Opportunity for Persons Previously Convicted ("Ban the Box") ordinance (Pittsburgh Code of Ordinances § 161.16A)
    Applies to City of Pittsburgh contractors and their subcontractors when hiring for work under a City contract. They may not ask about or consider conviction history until the applicant is found otherwise qualified, and may then run a background check after a conditional offer. The current version took effect August 3, 2023, and complaints go to the Mayor's Office of Equal Protection. Read it
  • City of Pittsburgh ban-the-box rule for City jobs (Pittsburgh Code of Ordinances § 181.12 (ordinance passed Dec. 17, 2012))
    The City of Pittsburgh may not ask about an applicant's conviction history until the applicant is found otherwise qualified, and then makes a conditional offer pending a conviction history check. Police officer, firefighter, paramedic and school crossing guard positions are excluded. It covers City jobs only. Read it
  • Allegheny County ban-the-box hiring policy (Allegheny County administrative policy announced by the County Executive, Nov. 24, 2014)
    Allegheny County removed criminal history questions from its job application. For county positions that require a background check, the check is run only after a conditional offer, and the record is weighed case by case, including its age and the job sought. The policy covers county jobs only. Read it

State law also applies: see 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

Does Pittsburgh's ban-the-box law apply to every employer in the city?

No. Section 161.16A applies to City contractors and their subcontractors hiring for work under a City contract, and § 181.12 sets a similar rule for City jobs. It excludes certain public safety positions. Other employers are still bound by the FCRA's rules when they use a background check company.

My expunged record showed up on a background check. What can I do?

An expunged record should not be reported. You can dispute it with the background check company and give it a copy of the expungement order. A company that reports expunged records may not be following reasonable procedures, which can support an FCRA claim.

A screening company mixed me up with someone who has the same name. Is that common?

Name-only matching is a known source of background check errors. Reports may attach a stranger's record to you when the birth date or middle name does not match. You can dispute the report, and a company that fails to use reasonable matching procedures may be liable under the FCRA.

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

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.

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