613a Letter – FCRA Purpose
A 613 Letter is a formal notification sent to a job applicant indicating that potentially disqualifying information has been identified through a criminal database search, which may impact their employment prospects.
Employers are cautioned against making a final decision to decline employment based solely on the findings of a nationwide database search, as these databases may not always be up-to-date. Nevertheless, some employers opt to initially issue a 613a letter to the candidate.
This letter informs the applicant about the discovery of derogatory information from a criminal database background check that could affect their hireability. It is generally issued as a cost-effective strategy to avoid the expenses and time involved in verifying the information directly at the county court level. Issuing a 613a letter provides the candidate with a chance to contest or clarify the findings before any further action is taken. It is important to note that this letter is not considered an adverse action notice; instead, it merely alerts the applicant to the existence of information that requires additional investigation.
Given the complexities and the increasing litigation surrounding the Fair Credit Reporting Act (FCRA), it is strongly advised to adopt a cautious approach by proceeding with verification at the county court level as a standard practice.
Defined by the Fair Trade Commission Citation 15 U.S.C. § 1681k, Section 613 which states “Requirements when reports include public record information used for employment purposes, including “strict procedures” to follow to ensure information is complete and up to date”
Sample 613a Letter
CONFIDENTIAL TO BE READ BY ADDRESSEE ONLY
NOTICE TO CONSUMER OF REQUEST OF CONSUMER REPORT AND CONSUMER REPORT PROCESSING FOR EMPLOYMENT PURPOSES
Dear Applicant,
The purpose of this letter is to notify you that _______________________, a consumer reporting agency (CRA), is reporting criminal or other public record information that may be adverse about you to:
Company Name
Company Address
Company contact Name, phone and email
The above listed employer has certified that it is using such public record information to determine your eligibility for employment, promotion, reassignment, and/or retention.
This notice is not an indication of our decision regarding your application status. Your background check is still being processed.
If you have any questions regarding your report please contact us at 800-555-5555.
Sincerely,
________________________________
Disclaimer: The above letter serves as a starting guidance legal verbiage and in no way does it replace professional legal advice
Due to the ever-changing FCRA and EEOC laws, it is strongly advised to consult with your company’s legal counsel about hiring laws prior to sending a 613a letter.