Background checks are part of hiring and renting throughout Hampton Roads. When a report is wrong, it can cost you a job or a lease. Common errors include another person's criminal record matched by name only, expunged or dismissed cases that still appear, one case listed several times, and eviction filings reported without their outcome. Because the region spans many independent cities and two states, records may come from several different court systems, which makes careful matching important.
The FCRA sets the main rules for employment screening. For local government jobs, Virginia Code § 15.2-1505.3 also bars cities and counties from asking about arrests, charges or convictions on the application or before a staff interview, outside law enforcement, school and other sensitive positions. An employer must give you a separate written disclosure and get your written permission before ordering a background report. Before rejecting you based on the report, the employer must give you a copy and a summary of your rights. The background check company must use reasonable procedures for accuracy and must reinvestigate if you dispute what it reported.
Renters denied a lease because of a tenant screening report should receive a notice naming the screening company. You can then get a free copy and dispute errors. Background check cases from South Hampton Roads are filed in the Eastern District of Virginia's Norfolk Division, cases from the Peninsula in its Newport News Division, and cases from Currituck, Camden and Gates counties in the Eastern District of North Carolina.
Where Hampton Roads FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from Hampton Roads are heard in 2 federal districts:
- Eastern District of VirginiaVirginia Beach, Chesapeake, Norfolk, Portsmouth, Suffolk and Isle of Wight County (Norfolk Division); Newport News, Hampton, Williamsburg, James City, York, Gloucester and Mathews counties (Newport News Division). Courthouses: Norfolk, Newport News.Filed with local or cooperating counsel
- Eastern District of North CarolinaCurrituck, Camden and Gates counties in North Carolina. Courthouses: Elizabeth 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 Hampton Roads
- Ban-the-box rules for Hampton Roads city jobs (Va. Code § 15.2-1505.3 (2020 Va. Acts ch. 422); earlier administrative policies of Newport News (2012), Norfolk (2013), Portsmouth (2013) and Virginia Beach (2013))
Newport News, Norfolk, Portsmouth and Virginia Beach removed the conviction question from city job applications by administrative policy in 2012 and 2013. Since 2020, Va. Code § 15.2-1505.3 bars every Virginia locality from asking about arrests, charges or convictions on the application or before a staff interview, except for law enforcement, school board and sensitive positions. These rules cover local government jobs, not private employers or the North Carolina counties in the metro. Read it
State laws also apply: see Background Check Error Lawsuits in North Carolina and 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
A background check showed a Virginia charge that was dismissed. Can that be reported?
A report must be accurate and complete. Listing a charge without showing that it was dismissed can be misleading. You can dispute it with the background check company, and if it is not corrected, you may have an FCRA claim.
A screening company matched me to a North Carolina record that is not mine. What can I do?
You can dispute the report with the company, which must reinvestigate. Differences in birth date, middle name or address can help show the mix-up. A company that matched records by name alone may be liable under the FCRA.
An employer rejected me after a background check but never showed me the report. Is that allowed?
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. That step gives you a chance to correct errors. Skipping it can violate the FCRA.
How long do I have to file an FCRA lawsuit in Hampton Roads?
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
- U.S. Census Bureau, Metropolitan and Micropolitan Statistical Areas Population Totals (Vintage 2025)
- U.S. Census Bureau, CBSA delineation files and principal cities (July 2023)
- U.S. District Court for the Eastern District of Virginia
- E.D. Va. Local Civil Rule 3 (divisions)
- U.S. District Court for the Eastern District of North Carolina
- 28 U.S.C. § 127 (Virginia judicial districts)
- 28 U.S.C. § 113 (North Carolina judicial districts)
- 15 U.S.C. § 1681c-1 (fraud and active duty alerts)
- 15 U.S.C. § 1681e (accuracy procedures)
- 15 U.S.C. § 1681i (reinvestigation of disputes)
- 15 U.S.C. § 1681b (employment disclosure, authorization and pre-adverse action notice)
- 15 U.S.C. § 1681p (where and when to sue)
- Va. Code § 15.2-1505.3 (localities may not ask about arrests, charges or convictions on applications)
- National Employment Law Project, Ban the Box: Fair Chance State and Local Guide (Oct. 2021)
Updated November 2026. This page is general information, not legal advice.