Criminal Record Discrepancy Notice (Pre-Investigation)

Notifies candidate of a criminal record mismatch prior to formal dispute or adverse action.

Introduction

This Criminal Record Discrepancy Notice addresses situations where background check results reveal discrepancies in criminal history information that require candidate clarification before proceeding with employment decisions. This notice ensures due process while maintaining FCRA compliance during the investigation phase.

Purpose and Due Process

Sent when criminal background checks reveal information that appears inconsistent with candidate disclosures or requires additional verification before making employment decisions. This notice provides candidates with opportunity to clarify, explain, or dispute findings before adverse action procedures begin. It demonstrates organizational commitment to fair hiring practices while ensuring accuracy of criminal history information used in employment decisions.

Legal Compliance and Investigation Procedures

Must include specific discrepancy details, request for candidate response, timeline for clarification, and information about next steps in the process. This notice should provide enough detail for candidates to understand the discrepancy while maintaining confidentiality of sources and investigative procedures. Should reference candidate rights and provide clear instructions for response.

Response Management and Timeline

Establish reasonable timeframes for candidate response, typically 5-10 business days. Provide clear instructions for how candidates can respond and what documentation may be helpful. Maintain detailed records of all communications and responses received.

Common Mistakes to Avoid

Do not provide excessive detail about sources or investigative methods. Avoid accusatory language or assumptions about discrepancies. Never proceed with adverse action without allowing reasonable time for candidate response and clarification of discrepancies.

Template Overview

Notifies candidate of a criminal record mismatch prior to formal dispute or adverse action.

Introduction

This Criminal Record Discrepancy Notice addresses situations where background check results reveal discrepancies in criminal history information that require candidate clarification before proceeding with employment decisions. This notice ensures due process while maintaining FCRA compliance during the investigation phase.

Purpose and Due Process

Sent when criminal background checks reveal information that appears inconsistent with candidate disclosures or requires additional verification before making employment decisions. This notice provides candidates with opportunity to clarify, explain, or dispute findings before adverse action procedures begin. It demonstrates organizational commitment to fair hiring practices while ensuring accuracy of criminal history information used in employment decisions.

Legal Compliance and Investigation Procedures

Must include specific discrepancy details, request for candidate response, timeline for clarification, and information about next steps in the process. This notice should provide enough detail for candidates to understand the discrepancy while maintaining confidentiality of sources and investigative procedures. Should reference candidate rights and provide clear instructions for response.

Response Management and Timeline

Establish reasonable timeframes for candidate response, typically 5-10 business days. Provide clear instructions for how candidates can respond and what documentation may be helpful. Maintain detailed records of all communications and responses received.

Common Mistakes to Avoid

Do not provide excessive detail about sources or investigative methods. Avoid accusatory language or assumptions about discrepancies. Never proceed with adverse action without allowing reasonable time for candidate response and clarification of discrepancies.

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Category: Applicant Communication Templates
Downloads: 42
Format: PDF/Word
Price: Free