Q. Do I need to notify applicants if there are criminal records found?

ClearChecks uses a National criminal database search for our ClearHire (non county-level) criminal records search. If records appear in a report, we are required by the FCRA to provide what is called a 613 Contemporaneous Notice to the applicant. Learn more about a 613 Notice here.

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. 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. Learn more about the Pre-Adverse Notice process here.

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If you have any further questions, reach out to our support team, and they can answer specific questions about our background check reports.

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