If potential adverse information appears in a report, we are required by the FCRA to provide what is called a 613 Contemporaneous Notice to the applicant.
If criminal records appear on a background check report, you are not required to notify the applicant, unless you plan to take adverse action against the applicant, or if they live in certain states. That is, if based in part on the background check report, you decide to terminate or no longer consider the applicant for employment, you must provide a "Pre-Adverse Notice”.
A Pre-Adverse Notice informs an applicant of their FCRA Rights, State, and local disclosures, and allows the applicant to view their background check report disputing any inaccurate record(s). If any record is disputed, ClearChecks will then investigate and determine if the record(s) are accurate, and provide the employer and the applicant with a resolution.
If you have any questions, you should consult your legal counsel.
How do I send a "Pre-Adverse Notice" or a "Final Adverse Event" letter?
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