Background Check Error Lawsuits in Milwaukee

In the Milwaukee area, a background check can decide whether you get a job or an apartment. Errors happen. A report may show a charge that was dismissed, list a conviction that belongs to someone else, or report the same case more than once. The FCRA requires screening companies to use reasonable procedures to make reports as accurate as possible.

Wisconsin's Fair Employment Act treats arrest record and conviction record as protected categories. An employer generally may not act on an arrest without a conviction, except for a pending charge, and may act on a conviction only when its circumstances substantially relate to the job. The City of Milwaukee also keeps criminal history questions off its own initial job applications under a 2016 Common Council resolution, and Milwaukee County did the same for county jobs under a 2011 County Board resolution. Under the FCRA, an employer must give you a copy of the report before taking adverse action based on it.

Tenant screening rules are set mainly at the state and federal level. Wisconsin law bars cities and counties from limiting a landlord's use of credit information or public arrest and conviction records. That makes the accuracy of the screening report itself the main protection for Milwaukee-area renters. Background check cases from the four-county metro can be filed in the Eastern District of Wisconsin in Milwaukee.

Where Milwaukee FCRA cases are filed

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

Eastern District of WisconsinMilwaukee, Waukesha, Washington and Ozaukee counties (the whole metro). Courthouses: Milwaukee.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 Milwaukee

City of Milwaukee resolution on criminal history in City job applications (Milwaukee Common Council File No. 120663 (adopted Oct. 11, 2016))
Directs the City's Department of Employee Relations to keep criminal conviction and pending-charge questions off initial City job applications and to run criminal background checks only before a candidate is placed on an eligible list. It applies to City hiring, including civilian Fire and Police positions to the extent the law allows, and encourages other employers in the city to adopt similar policies. Read it
Milwaukee County ban-the-box resolution (Milwaukee County Board File No. RES 11-581 (adopted Sept. 29, 2011; signed Oct. 7, 2011))
Directs the county's Human Resources director to remove prior-conviction and pending-charge questions from the initial Milwaukee County job application and to set a uniform process for background checks on candidates selected for appointment. Law enforcement jobs, caregiver-law positions and offenses substantially related to the job remain grounds for denial. It covers Milwaukee County Government jobs, not private employers. Read it
Wisconsin Fair Employment Act, arrest and conviction record (Wis. Stat. §§ 111.321, 111.335)
Wisconsin bars employment discrimination based on arrest record or conviction record. An employer may act on a pending charge or a conviction only when its circumstances substantially relate to the circumstances of the particular job, with some listed exceptions. Read it
Limit on local landlord-screening ordinances (Wis. Stat. § 66.0104(2)(a))
Cities, villages, towns and counties may not pass ordinances limiting a residential landlord from obtaining or using a prospective tenant's income, rental history, credit information or publicly available arrest and conviction records, or limiting how far back a landlord may look. Read it

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

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 Wisconsin employer turn me down because of an old arrest that never led to a conviction?

Wisconsin's Fair Employment Act generally bars employers from acting on an arrest record, except for a pending charge that substantially relates to the job. If a background report shows an arrest as a conviction, or shows a dismissed case as open, the report may also be inaccurate under the FCRA.

Does the City of Milwaukee ask about criminal history on job applications?

Under Common Council File No. 120663, adopted in 2016, the City's Department of Employee Relations keeps conviction and pending-charge questions off initial City job applications. Background checks are run later, before a candidate is placed on an eligible list. The resolution covers City jobs, not private employers.

Can Milwaukee pass its own rules on how landlords use criminal records?

Wisconsin Statute 66.0104 bars local governments from limiting a landlord's use of public arrest and conviction records or credit information. Federal fair housing law still applies. If a tenant screening report is wrong, the FCRA lets you dispute it and may give you a claim if the error is not fixed.

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

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.