Background Check Error Lawsuits in Utah

Utah has no state mini-FCRA for background checks and no state tenant screening statute. Employers and landlords that use screening companies must follow the federal FCRA. That means written notice and consent before an employment check, a copy of the report before adverse action, and reasonable procedures for accuracy by the screening company.

Utah's fair-chance law covers public employers only. Under Utah Code 34-52-201, passed in 2017, state agencies, colleges and local governments cannot require applicants to disclose criminal convictions on the application or before the first interview. They may still ask during or after the interview. There are exceptions for law enforcement, jobs working with children or vulnerable adults, and certain financial positions. Private employers in Utah are not covered.

Utah's expungement laws matter most for background checks. Under Utah's Clean Slate provisions in Utah Code 77-40a-205, certain older low-level cases may be expunged without a petition after waiting periods of five to seven years, if the prosecutor does not object. Other records can be expunged by petition. Under Utah Code 77-40a-401, a person with an expunged record may generally answer inquiries as though the arrest or conviction did not occur. A screening company that sells stale court data can end up reporting a record that Utah has erased. That may violate the FCRA. Those claims can be filed in the U.S. District Court for the District of Utah.

Where Utah FCRA cases are filed

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

District of UtahCourthouses: Salt Lake City, St. George.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.

Utah laws that add to the FCRA

Public Employer Criminal History Rule (Utah Code 34-52-201)
Bars public employers from requiring disclosure of criminal convictions on the application or before the initial interview. Exceptions include law enforcement, jobs working with children or vulnerable adults, and certain financial roles. It does not cover private employers. Read it
Clean Slate Expungement (Utah Code 77-40a-205)
Provides for expungement without a petition of certain eligible misdemeanor and infraction cases, and some dismissed cases, after waiting periods of five to seven years, unless the prosecutor files a valid objection. Read it
Effect of Expungement (Utah Code 77-40a-401)
Unless other law or a court says otherwise, a person whose record is expunged may respond to any inquiry as though the arrest, prosecution or conviction did not occur. 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

Does Utah's ban-the-box law apply to private employers?

No. Utah Code 34-52-201 applies to state agencies, public colleges and local governments. Private employers may ask about criminal history on an application, but they must follow the federal FCRA if they use a background check company.

Can a background check show a Utah record that was expunged?

It should not. Under Utah Code 77-40a-401, you may generally answer inquiries as though an expunged arrest or conviction did not occur. If a screening company reports an expunged record, you can dispute it, and the report may be inaccurate under the FCRA.

Are there Utah rules for tenant screening reports?

Utah does not have a separate tenant screening statute. Tenant screening companies are consumer reporting agencies under the federal FCRA. If a landlord denies you because of a report, it must tell you and identify the company, and you can get a free copy and dispute errors.

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

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.