Background Check Error Lawsuits in Providence

Rhode Island has a statewide ban-the-box law. Under R.I. Gen. Laws 28-5-7(7), most employers may not ask about arrests, charges or convictions on a job application. They may ask at the first interview or later, with narrow exceptions such as law enforcement jobs or positions where a law disqualifies people with certain convictions. Massachusetts, which includes Bristol County, has a similar rule in M.G.L. c. 151B, section 4(9 1/2). In Providence, businesses that receive city aid or work on city-funded projects must also follow First Source rules that limit how they use conviction records.

Those laws control when an employer asks. The background check company still has its own duty to report accurately. The FCRA requires screening companies to follow reasonable procedures for maximum possible accuracy. Common errors include another person's conviction, a dismissed charge listed as a conviction, or a sealed or expunged case still listed as public. Non-conviction records older than seven years generally cannot be reported for most jobs. An employer must also give you a copy of the report and a summary of your rights before acting on it.

Renters face screening too. Rhode Island bars housing discrimination based on lawful source of income under R.I. Gen. Laws 34-37-4, and a tenant screening report can still carry the same criminal-record and eviction errors. Background check cases from Rhode Island can be filed in the federal courthouse in Providence. Cases from Bristol County, Massachusetts go to the District of Massachusetts in Boston.

Where Providence FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Providence are heard in 2 federal districts:

District of Rhode IslandAll of Rhode Island, including Providence, Kent, Washington, Newport and Bristol counties. Courthouses: Providence.Filed with local or cooperating counsel
District of MassachusettsBristol County, Massachusetts, including Fall River, New Bedford, Taunton and Attleboro (Eastern Division). Courthouses: Boston.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 Providence

Providence First Source ordinance, use of criminal records (Providence Code of Ordinances § 21-93(e) (Ord. 2012, ch. 2012-27, adopted June 7, 2012))
Businesses that receive city aid, such as tax breaks or grants, or work on city-funded projects must follow the city's First Source hiring rules. They may consider a conviction only when it reasonably relates to the job, weighing the offense, the time since the conviction or sentence and the nature of the job. A person denied work or fired over a record must get written reasons and notice of the right to appeal to the First Source director. Businesses with four or fewer employees are exempt. Read it
Rhode Island ban-the-box law (R.I. Gen. Laws § 28-5-7(7))
Employers may not ask on a job application whether an applicant has been arrested, charged with or convicted of a crime. They may ask at the first interview or after, with exceptions for law enforcement positions, legally disqualifying convictions and certain bonded positions. Read it
Rhode Island fair housing: lawful source of income (R.I. Gen. Laws § 34-37-4)
Owners and managers may not refuse to rent or otherwise discriminate based on a person's lawful source of income. When a landlord applies a minimum income standard, it must be based only on the tenant's share of the rent, taking rental assistance into account. Read it

State laws also apply: see Background Check Error Lawsuits in Massachusetts and Background Check Error Lawsuits in Rhode Island.

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 still run a background check after the interview?

Yes. Rhode Island's ban-the-box law limits criminal history questions on the application, but employers may ask at the first interview or later. If they use a background check company, the FCRA requires your written permission first. You must also get a copy of the report before the employer takes adverse action based on it.

My background check shows a case that was dismissed in Rhode Island. Is that allowed?

A screening company must report accurately. Listing a dismissed charge as a conviction, or leaving off the dismissal, may make the report inaccurate under the FCRA. For most jobs, arrest records and other non-conviction records older than seven years generally cannot be reported at all.

I applied for a job in New Bedford. Does Massachusetts have its own rules?

Yes. Massachusetts law generally bars employers from asking about criminal records on the initial written application. That rule sits beside the federal FCRA, which still controls the accuracy of any background report. A federal FCRA case from Bristol County would be filed in the District of Massachusetts, Eastern Division, in Boston.

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

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.