A background check report for employment purposes may include public record information that is likely to have an adverse effect on a candidate’s ability to obtain employment. Where there is public record information that is likely to have an adverse effect on the candidate’s employment, the consumer reporting agency (CRA) has two options under the Fair Credit Reporting Act (FCRA). The CRA, i.e. Checkr, must either:
1. Notify the consumer at the time the public record information is reported, that such public record information is being reported by the CRA (with the name and address of who the information is being reported to, i.e. the end-user a.k.a. employer). This is what is often called a “613 notice.”
2. Maintain strict procedures to ensure that public record information is complete and up-to-date.
When a CRA sends the 613 notice, or Option 1 above, it satisfies this section of the FCRA.