Background Check Error Lawsuits in Richmond

In 2013, Richmond City Council adopted Ordinance No. 2013-040-43. It bars questions about criminal convictions on initial applications for City of Richmond jobs. Virginia law also limits state agencies from asking about arrests, charges or convictions on job applications. It also bars employers from requiring applicants to disclose expunged records. These rules cover what an employer may ask, but many employers still order a background check later in hiring.

When a screening company reports a record that is wrong, the harm can be immediate. Reports may mix up people with similar names, list a dismissed charge as a conviction, or include an expunged case. The FCRA requires screening companies to follow reasonable procedures for maximum possible accuracy. Before an employer rejects you based on a report, it must give you a copy of the report and a summary of your rights.

Renters face the same risk from tenant screening reports. Virginia's Fair Housing Law also makes source of funds a protected class, which covers rental assistance such as housing vouchers. FCRA claims about employment or tenant screening reports from this metro can be filed in the Eastern District of Virginia's Richmond Division or in Virginia state court.

Where Richmond FCRA cases are filed

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

Eastern District of VirginiaThe Richmond Division, which includes the cities of Richmond, Petersburg, Hopewell and Colonial Heights and the counties of Chesterfield, Henrico, Hanover, Prince George, Powhatan, Goochland, Dinwiddie, New Kent, Amelia and Charles City. Courthouses: Richmond.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 Richmond

City of Richmond ban-the-box ordinance (city employment) (Richmond Ord. No. 2013-040-43 (adopted Mar. 25, 2013), adding City Code § 2-1119)
Richmond City Council added a City Code section that bars questions about an applicant's criminal conviction history on initial applications for City of Richmond jobs. It applies to the city as an employer, not to private employers. A companion resolution, Res. No. 2013-R087-85, exempted certain positions. Read it
Virginia state agency application limits (Va. Code § 2.2-2812.1)
Virginia state agencies may not use job applications that ask whether an applicant has ever been arrested, charged or convicted of a crime. Agencies may ask during or after an interview, and sensitive and law-enforcement positions are excepted. Read it
Expunged records and job applications (Va. Code § 19.2-392.4)
Employers and schools may not require an applicant to disclose an expunged arrest, charge or conviction, and an applicant need not mention expunged matters in answering questions. Government agencies are under the same limit for licenses, permits and services. Read it
Virginia Fair Housing Law, source of funds (Va. Code § 36-96.3; definition in § 36-96.1:1)
It is unlawful to refuse to rent or sell a dwelling, or set different terms, because of a person's source of funds, subject to the law's exemptions. Source of funds includes any lawful source, including assistance, benefit or subsidy programs such as housing vouchers. Read it

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

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 the City of Richmond ask about my convictions on a job application?

Ordinance No. 2013-040-43 bars questions about criminal conviction history on initial applications for City of Richmond employment. City Council exempted certain positions by resolution. The ordinance applies to city jobs, not to private employers in the region.

A background check listed a case that was expunged in Virginia. Is that allowed?

Virginia law says employers may not require applicants to disclose expunged records. Separately, the FCRA requires background check companies to use reasonable procedures for maximum possible accuracy. Reporting a record that a court has expunged may support an FCRA claim against the screening company.

A Richmond-area landlord turned me down because of a tenant screening report. What are my rights?

If a landlord denies your application based on a screening report, the FCRA requires it to tell you and name the company that supplied the report. You can request your file from that company and dispute anything inaccurate, and it must reinvestigate. Virginia law also bars refusing to rent because a tenant pays with a housing voucher or other lawful source of funds, subject to the law's exemptions.

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

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.