Do You Qualify for a Lawsuit?
You may have a case if:
- Your criminal record was sealed, expunged, or granted limited access under Pennsylvania law.
- A tenant background check reported that record when you applied for housing.
- You were denied an apartment, rental home, or other housing because of the report.
- The screening company reported your criminal history inaccurately or failed to reflect that your record had been sealed or expunged.
Even if you eventually found another place to live, you may still have a claim.
If this sounds familiar, Francis Mailman Soumilas, P.C. can evaluate whether you have grounds for legal action.
Why Do Sealed or Expunged Records Still Appear on Background Checks?
Tenant-screening companies sometimes rely on outdated databases or criminal records that have not been updated to reflect their current legal status.
Common errors include:
- Reporting a sealed or expunged criminal case as though it were still public.
- Failing to show that a criminal record was sealed, expunged, or granted limited access.
- Using outdated criminal history to recommend that a landlord deny your rental application.
- Reporting information without checking whether the record’s status has changed.
These mistakes can have serious consequences. You may lose application fees, face a longer housing search, or miss out on a place you wanted to call home.
Pennsylvania’s Clean Slate Law May Protect You
Pennsylvania’s Clean Slate law allows certain criminal records to be sealed automatically or through a court petition.
When qualifying records are sealed or expunged, restrictions generally apply to how that information can be accessed and used.
The federal Fair Credit Reporting Act (FCRA) also requires tenant-screening companies to follow reasonable procedures to ensure the accuracy of their reports.
If a screening company improperly reported your sealed or expunged criminal record and you lost a housing opportunity, you may be entitled to compensation.
What Should You Do If This Happened to You?
If a background check cost you housing, keep any documents you have related to the denial, including your tenant-screening report, communications from the landlord, and paperwork showing that your criminal record was sealed or expunged.
You do not need to have every document before contacting us.
Our attorneys can evaluate whether the inaccurate reporting may give rise to a legal claim.
Francis Mailman Soumilas, P.C. Can Help
Being denied housing because of an inaccurate or unlawful background check is humiliating, stressful, and expensive — it can mean lost application fees, a longer search, higher rent elsewhere, or missing out on a safe place to live altogether.
For nearly three decades, our firm has represented consumers harmed by inaccurate background checks, tenant-screening errors, and violations of federal and Pennsylvania consumer protection laws.
We understand how frustrating it can be to lose a housing opportunity because of information that should not have appeared on your background check.
There is no cost or obligation to find out if you qualify. If you have a case, there is no out-of-pocket cost to you.
