Email template · Pre-employment and background checks
Pre-adverse action email
In short
A pre adverse action notice tells a candidate or employee that information in their background check may lead you to withdraw an offer or take another adverse decision. Under the FCRA it must include a copy of the report and the Summary of Rights, and it gives the person time to respond before any final decision. Below are three templates and compliance notes.
When to send it: Send it as soon as a reviewer decides that something in a consumer report may cause you to rescind an offer or deny employment, and before that decision is final. Do not send it for results that won't change the hiring decision.
Pre-adverse action email: 3 versions
Standard FCRA notice
SubjectYour background check for [Job Title]: please review
Dear [Candidate Name], Thank you for your patience while we completed your background check for the [Job Title] position. Based on information in the consumer report we received from [Consumer Reporting Agency], we are considering withdrawing your conditional offer of employment. No final decision has been made. Attached you will find: - A copy of your consumer report from [Consumer Reporting Agency] - A Summary of Your Rights Under the Fair Credit Reporting Act - [Any state or local notice required, e.g. state summary of rights] Please review the report. If any information is inaccurate or incomplete, or if there is anything you would like us to consider, such as the circumstances of an offense, time since it occurred or evidence of rehabilitation, please contact me by [Response Deadline]. You may also dispute the accuracy of the report directly with [Consumer Reporting Agency] at [CRA Phone Number] or [CRA Address]. We will not make a final decision before [Response Deadline]. Sincerely, [Your Name] [Title], [Company] [Email] | [Phone Number]
Fair chance jurisdiction (individualized assessment)
SubjectPreliminary decision on your [Job Title] offer
Dear [Candidate Name], We have completed a review of your background check from [Consumer Reporting Agency] for the [Job Title] position. Based on the conviction history listed below, we have made a preliminary decision that may result in withdrawing your conditional offer. Conviction(s) that are the basis for this preliminary decision: [Conviction, Date, Jurisdiction] We considered the nature and seriousness of the offense, the time that has passed, and the duties of the [Job Title] role. [Brief summary of the assessment, as required in your jurisdiction.] This decision is not final. You have [Number] business days, until [Response Deadline], to respond. You may challenge the accuracy of the conviction record, or send us evidence of rehabilitation or mitigating circumstances, such as certificates of rehabilitation, completion of a program, work history or letters of reference. If you tell us you are disputing the record and need more time to get documents, [state the extension your jurisdiction requires]. A copy of the report, A Summary of Your Rights Under the Fair Credit Reporting Act and [Required State or City Notice] are attached. Sincerely, [Your Name] [Title], [Company] [Email] | [Phone Number]
Non-criminal result (MVR, verification mismatch)
SubjectInformation from your background check for [Job Title]
Dear [Candidate Name], Your background check for the [Job Title] role is complete. The report from [Consumer Reporting Agency] shows [e.g. a driving record that does not meet the insurance requirements for this role / employment dates that differ from your application], and we are considering withdrawing your conditional offer as a result. No decision has been made yet. A copy of the report and A Summary of Your Rights Under the Fair Credit Reporting Act are attached. If the report is wrong, or you have information that explains it (for example a corrected record or a pay stub showing different dates), please send it to me by [Response Deadline]. You can also dispute the report with [Consumer Reporting Agency] at [CRA Phone Number]. Sincerely, [Your Name] [Title], [Company] [Email] | [Phone Number]
Subject line ideas
- Your background check for [Job Title]: please review
- Pre-adverse action notice: [Job Title] at [Company]
- Action requested: review your background report
- Preliminary decision on your [Job Title] offer
- Information from your background check
- Your consumer report and rights under the FCRA
SMS and WhatsApp version
Hi [First Name], this is [Your Name] at [Company]. We've emailed you an important notice about your background check for [Job Title], with a copy of the report. Please read it and reply by [Response Deadline]. Check spam for a message from [Sender Address].
Placeholders to replace: [Candidate Name], [First Name], [Job Title], [Consumer Reporting Agency], [CRA Phone Number], [CRA Address], [Response Deadline], [Number], [Conviction, Date, Jurisdiction], [Required State or City Notice], [Sender Address], [Your Name], [Title], [Company], [Email], [Phone Number]
What the FCRA requires before adverse action
The Fair Credit Reporting Act applies when an employer uses a consumer report from a third-party screening company. Before taking adverse action based in whole or in part on that report, the employer must give the person a copy of the report and a copy of "A Summary of Your Rights Under the Fair Credit Reporting Act", the form published by the CFPB. "Adverse action" covers more than rejecting a candidate: rescinding an offer, denying a promotion, reassigning or terminating an employee because of a report all count.
The statute does not set a waiting period. The point of the pre-adverse step is to give the person a real chance to correct errors, and five business days is the common practice, which FTC staff have described as reasonable. Several states and cities set their own minimums, so treat five business days as a floor, not a target. This page is general information; rules vary by state and city, so check with counsel.
Fair chance laws add steps
When the issue is criminal history, many jurisdictions require more than the FCRA does. California's Fair Chance Act, for example, requires an individualized assessment, a written preliminary decision that identifies the conviction, at least five business days to respond and additional time if the person disputes the record. New York City requires an Article 23-A analysis and a Fair Chance Notice, and also gives at least five business days. Philadelphia, Los Angeles County, Illinois and others have their own rules.
Even where no local law applies, the EEOC's guidance on arrest and conviction records recommends weighing the nature of the offense, the time elapsed and the nature of the job, and giving the person a chance to explain. A blanket disqualification policy is hard to defend. Build one template per jurisdiction type rather than one generic notice.
What to include, and what to leave out
Include the report itself, the Summary of Rights, any state notice, the name and contact details of the screening company, a clear response deadline and the person to contact. In fair chance jurisdictions, identify the specific conviction and summarize your assessment.
Leave out anything that sounds final. Phrases like "we have decided" or "your offer has been rescinded" turn a pre-adverse notice into a defective adverse action notice. Don't speculate about the record, don't ask about arrests that did not lead to conviction where state law bars it, and don't discuss the report by phone with a hiring manager present. Many teams store the notice wording in a central library of document templates so recruiters can't edit the legal language.
What happens next
Track the deadline. If the candidate responds, have someone other than the original reviewer look at the new information, document the reasons for the outcome, and keep the file. If the report was wrong and is corrected, continue the hire and say so promptly. If you still decide not to move forward after the waiting period, send the final adverse action email, which has its own required content.
If you're early in the process and haven't sent consent instructions yet, start with the background check email. Many teams also confirm identity at application with identity verification so screening reports match the right person.
High-volume considerations
A staffing firm or a distribution center running hundreds of checks a month will send pre-adverse notices every week. Standardize it: one decision matrix by role, a second reviewer for every flagged result, automated delivery with a timestamp, and a calendar hold for the waiting period. Most screening vendors can send the notice for you, but the employer still owns the decision and the record. Audit a sample each quarter for timing errors and for disparities by race or national origin in who receives notices.
Frequently asked questions
What is a pre adverse action notice?
It is a notice, required by the FCRA, that tells a candidate or employee that information in a consumer report may lead to an adverse employment decision. It includes a copy of the report and the Summary of Rights, and it comes before the final decision.
How long do you have to wait after a pre-adverse action letter?
Federal law does not name a number. Five business days is the common practice, and some jurisdictions, such as California and New York City, require at least that long plus extra time if the person disputes the record.
Can the FCRA pre adverse action email be sent electronically?
Yes, email is widely used, as long as the attachments are included and the candidate can open them. Keep proof of delivery, and use mail or a second channel if the email bounces.
Do I need a pre-adverse action notice if I ran the check myself?
The FCRA notice applies to reports from a consumer reporting agency. If you searched public court records yourself, the FCRA steps may not apply, but state fair chance laws and EEOC guidance still do.
What is the difference between pre-adverse and adverse action notices?
The pre-adverse notice comes first, says no decision has been made, and includes the report and Summary of Rights. The adverse action notice comes after the waiting period and confirms the final decision with the disclosures the FCRA requires.