Background Check Error Lawsuits in Salt Lake City

Employers, staffing agencies and landlords in the Salt Lake Valley run background checks on applicants. When a report is wrong, the damage can be quick: a lost job offer or a denied lease. Typical errors include a dismissed case reported as a conviction, someone else's record matched by name, or a record that was expunged but still appears. The FCRA requires screening companies to use reasonable procedures to report accurately.

Utah has a fair-chance hiring law for public employers. Since 2017, the state, counties, cities, school districts and other public employers generally may not require disclosure of a criminal conviction on the application or before the first interview. Some jobs are excepted, such as law enforcement and work with children or vulnerable adults. Utah's 2019 clean slate law also set up automatic expungement for acquittals, dismissals with prejudice and some lower-level offenses after a waiting period. A screening company that reports an expunged record may be reporting inaccurate information.

Under the FCRA, an employer must give you a copy of the report and a summary of your rights before taking adverse action based on it. Background check cases from Salt Lake and Tooele counties can be filed in the U.S. District Court for the District of Utah in Salt Lake City or in state court.

Where Salt Lake City FCRA cases are filed

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

District of UtahSalt Lake and Tooele counties (the whole metro, both in the Central Division). Courthouses: Salt Lake City.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 Salt Lake City

Salt Lake County apartment tenant application fees (Salt Lake County Code ch. 15.36 (Ord. 1510, 2003))
Apartment owners and managers must give written notice of their acceptance criteria before an application, may charge no more than $25 per applicant, and may charge only actual processing costs such as credit and criminal history checks. They must accept a verified credit report or criminal history dated within 30 days from the applicant and waive that part of the fee, and must waive the fee for applicants who show eligibility for listed public assistance programs. As a county ordinance it may apply only outside incorporated cities, so check whether it covers your address. Read it
Utah fair-chance hiring law for public employers (Utah Code § 34-52-201 (2017 Utah H.B. 156))
A public employer in Utah may not exclude an applicant from an initial interview because of a past conviction, which includes requiring disclosure on the application or before the first interview. It does not apply to law enforcement, criminal justice employers, jobs working with children or vulnerable adults, and several other listed employers. Read it
Utah clean slate (automatic expungement) (2019 Utah H.B. 431, Expungement Act Amendments (effective May 1, 2020))
Created automatic expungement, without a petition, for cases ending in acquittal, cases dismissed with prejudice and certain lower-level misdemeanors and infractions after waiting periods. Felonies, DUI, domestic violence and several other offenses are excluded. Read it

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

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 Salt Lake City or Salt Lake County ask about my criminal record on a job application?

Utah's fair-chance law generally bars public employers, including cities, counties and school districts, from requiring conviction disclosure on the application or before the first interview. Some positions are excepted, such as law enforcement and jobs working with children or vulnerable adults. The law does not cover private employers.

My Utah record was expunged, but it still showed up on a background check. Is that allowed?

An expunged record should not be reported as an open or active record. If a screening company reports it, you can dispute the report and provide the expungement order. A company that fails to use reasonable procedures to keep expunged records out of its reports may be liable under the FCRA.

A Salt Lake Valley landlord denied my rental application over a background report. What are my rights?

The landlord should give you an adverse action notice naming the screening company. You have the right to a free copy of that report and to dispute any errors with the company. If the company does not fix inaccurate information after your dispute, you may have an FCRA claim.

How long do I have to file an FCRA lawsuit in Salt Lake City?

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.