Background Check Error Lawsuits in Virginia

Virginia has one of the most detailed state laws on background screening companies. When Virginia expanded record sealing, it added Va. Code 19.2-392.16. A business screening service that knows a record is sealed must promptly delete it. It must register with the State Police to receive sealing notices. It must disclose the date its data was collected and warn that later-sealed records may be included. It must investigate disputes for free and report results within 30 days. A screening company that violates the section can owe the greater of $1,000 or actual damages, plus costs and attorney's fees.

Virginia's fair-chance rules for hiring apply to public employers. Under Va. Code 2.2-2812.1, state agencies may not ask about arrests, charges or convictions on job applications or outside a staff interview. Sensitive positions and law enforcement jobs are excepted. Private employers are not covered by that rule. However, under Va. Code 19.2-392.4, no employer may require an applicant to disclose an expunged arrest, charge or conviction.

For renters, Va. Code 55.1-1203 caps most application fees at $50 plus actual screening costs. Starting July 1, 2027, landlords must disclose their screening criteria up front, including the name of any consumer reporting agency they use. Errors in a Virginia background or tenant screening report may give rise to claims under both the FCRA and Virginia law. Those cases can be filed in the Eastern or Western District of Virginia.

Where Virginia FCRA cases are filed

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

Eastern District of VirginiaCourthouses: Alexandria, Newport News, Norfolk, Richmond.Filed with local or cooperating counsel
Western District of VirginiaCourthouses: Abingdon, Big Stone Gap, Charlottesville, Danville, Harrisonburg, Lynchburg, Roanoke.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.

Virginia laws that add to the FCRA

Business Screening Services and Sealed Records (Va. Code 19.2-392.16)
Requires background screening companies to delete records they know are sealed, register for State Police sealing notices, show the date their data was collected, and investigate disputes for free within 30 days. A violation can bring the greater of $1,000 or actual damages, plus costs and attorney's fees. Read it
Expunged Records and Job Applications (Va. Code 19.2-392.4)
Bars employers and schools from requiring an applicant to disclose an expunged arrest, charge or conviction. An applicant may leave expunged matters out of their answers. Read it
State Agency Criminal History Inquiries (Va. Code 2.2-2812.1)
Bars state agencies from asking about arrests, charges or convictions on job applications or outside a staff interview. Sensitive and law enforcement positions are excepted. It does not apply to private employers. Read it
Rental Application Rules (Va. Code 55.1-1203)
Caps most rental application fees at $50 plus actual third-party screening costs. A version effective July 1, 2027 requires landlords to disclose selection criteria and the screening company used before collecting fees. 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

Can a background check company report my sealed Virginia record?

No, once it knows the record is sealed. Va. Code 19.2-392.16 requires screening companies to promptly delete sealed records and to investigate disputes for free. A company that violates the law can owe the greater of $1,000 or actual damages, plus attorney's fees.

Does Virginia have a ban-the-box law for private employers?

Virginia's ban-the-box rule, Va. Code 2.2-2812.1, applies to state agencies. Private employers may ask about criminal history, but they cannot require you to disclose expunged records under Va. Code 19.2-392.4. If they use a background check company, they must also follow the federal FCRA.

What can I do if a Virginia tenant screening report is wrong?

You can request a free copy from the screening company and dispute the error under the FCRA. If the report includes a sealed criminal record, Va. Code 19.2-392.16 also requires the company to delete it. An inaccurate report that cost you housing may support a claim for damages.

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

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.