Background Check Error Lawsuits in Rhode Island

Rhode Island's Fair Employment Practices Act includes a statewide ban-the-box rule that covers private employers. Under R.I. Gen. Laws § 28-5-7(7), an employer may not ask on a job application whether the applicant has ever been arrested, charged with or convicted of a crime. The employer may ask about convictions at the first interview or later. Exceptions apply to law enforcement jobs, jobs where federal or state law creates a mandatory or presumptive disqualification, and jobs that require a standard fidelity bond.

Rhode Island allows expungement under Chapter 12-1.3. A first offender with no crime of violence may seek to expunge a misdemeanor five years after completing the sentence, or a felony ten years after. A person with two to five misdemeanors and no felonies may seek expungement ten years after the last sentence. Completed deferred sentences and decriminalized offenses can also be expunged. Under § 12-1.3-4, a person with an expunged record may generally state that they have never been convicted of that crime. Exceptions apply to law enforcement jobs, bar admission, teaching and coaching certificates, and early childhood education jobs.

Beyond these rules, background checks for jobs and apartments in Rhode Island are governed mainly by the federal FCRA. Employers must get written permission before ordering a report and give a copy before adverse action. A screening company that reports an expunged case, a dismissed charge as a conviction, or another person's record may be liable under the FCRA.

Where Rhode Island FCRA cases are filed

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

District of Rhode IslandCourthouses: Providence.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.

Rhode Island laws that add to the FCRA

Ban the box, Fair Employment Practices Act (R.I. Gen. Laws § 28-5-7(7))
Employers may not ask on a job application whether the applicant has ever been arrested, charged or convicted, but may ask about convictions at the first interview or later. Exceptions cover law enforcement jobs, legal disqualifications and bonded positions. Read it
Expungement eligibility (R.I. Gen. Laws § 12-1.3-2)
Allows first offenders without a crime of violence to seek expungement five years after a misdemeanor sentence or ten years after a felony sentence, and allows some people with two to five misdemeanors to seek expungement after ten years. Read it
Effect of expungement (R.I. Gen. Laws § 12-1.3-4)
A person whose record is expunged may generally state on job, license and other applications that they have never been convicted of that crime, with exceptions for law enforcement, bar admission, teaching, coaching and early childhood jobs. 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 Rhode Island employer ask about my record on the application?

No, with limited exceptions. Under § 28-5-7(7), employers may not ask on the application about arrests, charges or convictions. They may ask about convictions at the first interview or later.

If my record is expunged in Rhode Island, do I have to disclose it?

Generally, no. Under § 12-1.3-4, you may state that you were never convicted of the expunged crime, except when applying for law enforcement jobs, bar admission, teaching or coaching certificates, or early childhood education jobs. If a background check company still reports the expunged case, you can dispute it and may have an FCRA claim.

What can I do about a wrong tenant screening report in Rhode Island?

Tenant screening reports in Rhode Island are governed mainly by the federal FCRA. You can request your file from the screening company and dispute errors, and the company generally must reinvestigate within 30 days. If an inaccurate report cost you an apartment, you may have a claim in the U.S. District Court for the District of Rhode Island.

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

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.