FCRA Compliant Employment Background Screening Solutions

It’s all about fairness and accurate reporting

The Fair Credit Reporting Act (FCRA) sets strict rules for how employers can use consumer reports, like criminal records or credit histories during the hiring process. It is expected that candidates will receive a reasonable assurance that the information obtained by the employer will be genuinely accurate, so they can review and dispute any derogatory findings.  

What Is FCRA Employment Screening?

The FCRA is a federal law that governs how employers access and use consumer information for employment purposes. This includes everything from criminal background checks to employment history verifications. But compliance isn’t optional, it’s a legal necessity.

Key FCRA requirements include:

• Obtaining written consent from candidates before running a background check.
• Providing clear disclosures about the screening process.
• Following specific steps if you decide not to hire based on the report (known as adverse action procedures).

Navigating these employment screening laws can feel overwhelming, but that’s where we come in. BCS Background Screening ensures every check meets FCRA standards, protecting your business from costly legal risks while respecting applicant rights.

Our FCRA Screening Process

At BCS Background Screening, we’ve streamlined FCRA employment screening into a simple, effective process:

1. Candidate Consent: We offer generic forms you can use as a starting point to secure applicant approval and meet disclosure requirements.
2. Data Collection: Our team gathers comprehensive data, criminal records, past employment, education, and more tailored to your needs.
3. Compliant Reporting: You receive a clear, FCRA compliant report with actionable insights.
4. Adverse Action Support: If a report impacts your hiring decision, we can assist you through the legally required steps.

Every stage is designed to keep you compliant while delivering the information you need to hire with confidence. Curious about the details? Contact us to see how our employment background check steps work for your business.

If derogatory records are found

1. You must verify that any database records found are updated and accurate at originating source: County criminal court or real-time state government search
2. Send FCRA Pre Adverse Action Letter. Wait at least five days to allow the applicant to dispute any discrepancies before taking any further action
3. Conduct an Individualized Assessment as per EEOC, based on nature of the offense and how it relates to the job position
4. After further review, you may hire or decline employment applicant
5. If declined, you must mail applicant a Job Declination Adverse Action letter

613a Letter

Relying only on a nationwide criminal database search to reject a job applicant isn’t the best idea since the records might be outdated. Some employers send a 613a letter instead, which tells the applicant that negative info, like a criminal record popped up and might affect their hiring chances.

It’s a quick way to avoid the hassle and cost of checking county court records right away. If the applicant disagrees with the info, you’ll need to double-check it at the county court. To play it safe, especially with all the FCRA confusion and lawsuits lately, we suggest sticking to the “strict” approach and verifying at the county court from the start.

Integration Partners

Our client portal can seamlessly connect to the following applicant tracking systems (ATS)