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FCRA Disclosure - Employment Background Check

Select, review & acknowledge the state specific FCRA disclosure that applies to you:

Jurisdiction Notices (Stable Export)

City of Los Angeles
Fair Chance Initiative for Hiring Ordinance

LAMC 189.00

These Are Your Rights…

  1. Employers cannot inquire about or seek information about an Applicant's Criminal History until after a Conditional Offer of Employment has been made.
    • This includes job solicitations and applications, or during any conversations and interviews.
  2. If an Employer decides to rescind an offer of employment based on information discovered during the criminal background check, the Employer is required to perform an Individualized Assessment.
    • Individualized Assessment – a written assessment that effectively links the specific aspects of the Applicant's Criminal History with risks inherent in the duties of the position sought.
    • If the offer is rescinded, the Applicant must receive:
      • Written notification,
      • Copy of the Individualized Assessment, and
      • Copies of any documentation used in the Employer's decision.
  3. The Applicant has the right to the Fair Chance Process.
    • The Applicant has the opportunity to provide information or documentation to an Employer regarding the accuracy of their Criminal History or Criminal History Report. Evidence of rehabilitation or other mitigating factors should be considered in the Employer's assessment.
    • The Employer must hold the job open for at least five (5) business days from the notification date of the proposed adverse action to allow an Applicant to submit such documentation and must review it to reassess their decision.

For Additional Information or Assistance, Call:
City of Los Angeles — Department of Public Works — Office of Wage Standards
1149 S. Broadway, Suite 300, Los Angeles, CA 90015
Phone: (844) WagesLA • Email: WagesLA@lacity.org

Note: Not all applicants/employees are covered under the FCIHO. Please see the ordinance (LAMC 189.00) for more details.

City & County of San Francisco
Fair Chance Ordinance

Post where employees can read easily.
Failure to post this notice may result in penalties.

Office of Labor Standards Enforcement
(415) 554-5192
For more information visit www.sfgov.org/olse/fco

Official Notice

Under the San Francisco Fair Chance Ordinance, employers must follow strict rules regarding criminal records.

Employers with 5 or more employees worldwide and all City contractors must comply.

  • Employers may not ask about arrests or convictions on a job application.
  • Employers may not conduct a background check or ask about criminal records until after making a conditional offer of employment.
  • Employers may only consider convictions that are directly related to the job, and may never consider 7 types of arrests or convictions, including convictions that are more than 7 years old. (See www.sfgov.org/olse/fco)
  • Before rejecting an applicant based on a background check, the employer must:
    • Notify the applicant and provide a copy of the background check;
    • Give the applicant 7 days to respond;
    • Reconsider based on evidence the applicant provides.
Notice to Residents of Massachusetts Disclosure Regarding Investigative Consumer Report Your prospective or current employer (the "Employer") may obtain an investigative consumer report about you from a third-party consumer reporting agency for employment purposes. An investigative consumer report commonly includes information as to the consumer’s character, general reputation, personal characteristics, and mode of living. You have the right to have a copy of the report upon request. ~ End of Notice ~ P. 1 of 1
For Minnesota residents and/or employment applicants only Disclosure of use of consumer reports for employment purposes In accordance with § 13C.02 of the Minnesota Statutes, please be advised that your prospective or current employer (the “Employer”) may obtain information about you from Checkmate, Inc., 3 Germay Drive, Unit 4, Wilmington, DE 19804, toll-free 1 (800) 969-7640, www.checkmate.tech, which is a Consumer Reporting Agency, in order to evaluate your eligibility for employment purposes. Thus, you may be the subject of a Consumer Report or an Investigative Consumer Report, which may include information about you obtained through personal interviews regarding your character, general reputation, personal characteristics, or mode of living. If you would like to receive a free copy of a consumer report if one is obtained by the Employer, please checkmark the box where indicated in the “Request Copy” section of this background check authorization process. Upon written request, you have the right to obtain a complete and accurate disclosure of additional information from the Employer regarding the nature and scope of the consumer report. This disclosure will be in writing and will be mailed or delivered to you within five days after the request for the disclosure was received by the Employer or the consumer report was requested, whichever date is later. ~ End of Notice ~ Page 1 of 1
FOR NEW JERSEY RESIDENTS AND/OR EMPLOYMENT APPLICANTS ONLY DISCLOSURE OF USE OF CONSUMER REPORTS FOR EMPLOYMENT PURPOSES Please be advised the State of New Jersey’s Fair Credit Reporting Act (NJFCRA) is designed to promote accuracy, fairness, consumer confidentiality, and the proper use of credit data by each consumer reporting agency (“CRA”) in accordance with the requirements of the NJFCRA. The NJFCRA is modeled after the Federal Fair Credit Reporting Act. You have received a Summary of Your Rights Under the Federal Fair Credit Reporting Act. The two Acts are almost identical, as are your rights under them. You can find the complete text of the NJFCRA at the Department of Consumer Affairs. You may seek damages for violations of the NJFCRA. If a CRA, a User, or (in some cases) a Furnisher of CRA data violates the NJFCRA, you may have a legal cause of action. For questions or concerns regarding the NJFCRA please contact: Department of Law and Public Safety Division of Consumer Affairs 124 Halsey Street Newark, NJ 07102 Phone: 800-242-5846 / 973-504-6200 ~ End of Notice ~ Page 1 of 1
FOR NEW YORK RESIDENTS AND/OR EMPLOYMENT APPLICANTS ONLY DISCLOSURE OF USE OF CONSUMER REPORTS FOR EMPLOYMENT PURPOSES Upon request, you will be informed whether or not a consumer report was requested and if such report was requested, informed of the name and address of the consumer reporting agency that furnished the report. You have the right to inspect and receive a copy of any investigative consumer report by contacting the consumer reporting agency: Checkmate, Inc., 3 Germay Drive, Unit 4, Wilmington, DE 19804, toll-free 1 (800) 969-7640, www.checkmate.tech. New York Correction Law Article 23 – A Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses Section 750. Definitions. 751. Applicability. 752. Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited. 753. Factors to be considered concerning a previous criminal conviction; presumption. 754. Written statement upon denial of license or employment. 755. Enforcement. 750. Definitions. For the purposes of this article, the following terms shall have the following meanings: (1) “Public agency” means the state or any local subdivision thereof, of any state or local department, agency, board or commission. (2) “Private employer” means any person, company, corporation, labor organization or association which employs ten or more persons. (3) “Direct relationship” means that the nature of criminal conduct for which the person was convicted has a direct bearing on his fitness or ability to perform one or more of the duties or responsibilities necessarily related to the license, opportunity, or job in question. (4) “License” means any certificate, license, permit or grant of permission required by the laws of this state, its political subdivisions or instrumentalities as a condition for the lawful practice of any occupation, employment, trade, vocation, business, or profession. Provided, however, that “license” shall not, for the purpose of this article, include any license or permit to own, possess, carry, or fire any explosive, pistol, handgun, rifle, shotgun, or other firearm. (5) “Employment” means any occupation, vocation or employment, or any form of vocational or educational training. Provided, however, that “employment” shall not, for the purpose of this article, include membership in any law enforcement agency. 751. Applicability. The provisions of this article shall apply to any application by any person for a license or employment at any public or private employer, who has previously been convicted of one or more criminal offenses in this state or in any other jurisdiction, and to any license or employment held by any person whose conviction of one or more criminal offenses in this state or in any other jurisdiction preceded such employment or granting of a license, except where a mandatory forfeiture, disability or bar to employment is imposed by law, and has not been removed by an executive pardon, certificate of this article shall be construed to affect any right an employer may have with respect to an intentional misrepresentation in connection with an application for employment made by a prospective employee or previously made by a current employee. 752. Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited. No application for any license or employment, and no employment or license held by an individual, to which the provisions of this article are applicable, shall be denied or acted upon adversely by reason of the individual’s having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of “good moral character” when such finding is based upon the fact that the individual has previously been convicted of one or more criminal offenses, unless: New York Page 1 of 2 There is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought or held by the individual; or The issuance or continuation of the license or the granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public 753. Factors to be considered concerning a previous criminal conviction; presumption. 1. In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall consider the following factors: (a) The public policy of this state, as expressed in this act, to encourage the licensure and employment of person previously convicted of one or more criminal offenses. (b) The specific duties and responsibilities necessarily related to the license or employment sought or held by the person. (c) The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his fitness or ability to perform one or more such duties or responsibilities. (d) The time which has elapsed since the occurrence of the criminal offense or offenses. (e) The age of the person at the time of occurrence of the criminal offense or offenses. (f) The seriousness of the offense or offenses. (g) Any information produced by the person, or produced on his behalf, in regard to this rehabilitation and good conduct. (h) The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals of the general public. 2. In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified therein. 754. Written statement upon denial of license or employment. At the request of any person previously convicted of one or more criminal offenses who has been denied a license or employment, a public agency or private employer shall provide, within thirty days of a request, a written statement setting forth the reasons for such denial. 755. Enforcement. 1. In relation to actions by public agencies, the provisions of this article shall be enforceable by a proceeding brought pursuant to article seventy-eight of the civil practice law and rules. 2. In relation to actions by private employers, the provisions of this article shall be enforceable by the division of human rights pursuant to the powers and procedures set forth in article fifteen of the executive law, and, concurrently, by the New York city commission on human rights.
For Oklahoma residents and/or employment applicants only Disclosure of use of consumer reports for employment purposes In accordance with § 148 of Title 24 of the Oklahoma Statutes, please be advised that your prospective or current employer (the “Employer”) may obtain information about you from Checkmate, Inc., 3 Germay Drive, Unit 4, Wilmington, DE 19804, toll-free 1 (800) 969-7640, www.checkmate.tech, which is a Consumer Reporting Agency, in order to evaluate your eligibility for employment purposes. Thus, you may be the subject of a Consumer Report or an Investigative Consumer Report, which may include information about you obtained through personal interviews regarding your character, general reputation, personal characteristics, or mode of living. If you would like to receive a free copy of a consumer report if one is obtained by the Employer, please checkmark the box where indicated in the “Request Copy” section of this background check authorization process. ~ End of Notice ~ Page 1 of 1
FOR VERMONT RESIDENTS AND/OR EMPLOYMENT APPLICANTS ONLY DISCLOSURE OF PROCUREMENT OF CREDIT REPORTS Pursuant to § 495i of Title 21 of the Vermont Statutes, the Employer informs you that it may obtain a credit report about you, for the following reason(s): The information is required by state or federal law or regulation; You seek to be/are employed in a position that involves access to “confidential financial information” (defined as “sensitive financial information of commercial value that a customer or client of the employer gives explicit authorization for the employer to obtain, process, and store and that the employer entrusts only to managers or employees as a necessary function of their job duties”); The Employer is a financial institution as defined in 8 V.S.A. §11101(32) or a credit union as defined in 8 V.S.A. §30101(5); You seek to be/are employed in a position as a law enforcement officer, emergency medical personnel or firefighter as these terms are respectively defines in 20 V.S.A. §2358, 24 V.S.A. §2651(6) and 20 V.S.A. §3151(3) You seek to be/are employed in a position that requires a financial fiduciary responsibility to the Employer or the Employer’s clients, including the authority to issue payments, collect debts, transfer money or enter into contracts; You seek to be/are employed in a position that involves access to the Employer’s payroll information; or The Employer can demonstrate that credit information is a valid and reliable predictor of employee performance in the specific position of employment. ~ End of Notice ~ Page 1 of 1
STATE OF WASHINGTON CONSUMER CREDIT REPORTING ACT SUMMARY OF CONSUMER RIGHTS The State of Washington Fair Credit Reporting Act (WFCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records). Here is a summary of your major rights under the WFCRA. The WFCRA is modeled after the Federal Fair Credit Reporting Act. The same rights are provided under the Federal Fair Credit Reporting Act and you have received A Summary of Your Rights Under the Federal Fair Credit Reporting Act. You can get the complete text of WFCRA can be found in §§ 19.182 et seq. of the Washington Code Revised online at https://app.leg.wa.gov. Under Washington law, we must convey your dispute to the source of the information within five business days after receiving your request for investigation. If we determine that the request is frivolous or irrelevant as defined by the WFCRA, we will notify you within five business days of the reasons for our decision. The results of our investigation will be sent to you within five business days after the investigation is complete. If you request, we will provide you with the company name, address and telephone number of any person contacted during the investigation. If you believe that a law regulating consumer credit reporting has been violated, you may file a complaint with the Washington State Attorney General’s Office. Contact details are below. You must be told if information in your file has been used against you. If a person takes an adverse action against you that is based, in whole or in part, on information contained in a consumer report, that person must tell you, and must give you the name, address, and telephone number of the consumer reporting agency that provided the information. You have a right to know what is in your file. You may request and obtain all the information about you in the files of a consumer reporting agency, although medical information may be withheld and given directly to your medical provider. You will be required to provide proper identification, which may include your Social Security number. In many cases, the disclosure will be free. You will not be charged for: a consumer report if a person has taken adverse action against you because of information in your credit report; the reinvestigation of information you dispute; or corrected reports resulting from the deletion of inaccurate or unverifiable information. In addition, you are entitled to one free consumer report every 12 months, upon request. You may be charged a limited fee for a second or subsequent report requested by you during a 12-month period. You have a right to dispute incomplete or inaccurate information. If you identify information in your file that is incomplete or inaccurate, and you notify the consumer reporting agency directly of the dispute, the consumer reporting agency will reinvestigate without charge and record the current status of the disputed information before the end of thirty business days, unless your dispute is frivolous. Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information. Upon completion of the reinvestigation, if the information you disputed is found to be inaccurate or cannot be verified, the consumer reporting agency will delete the information and notify you of the correction. If the reinvestigation does not resolve your dispute, you may file with the consumer reporting agency a brief statement setting forth the nature of your dispute. The statement will be placed in your consumer file and in any subsequent report containing the information you disputed. Consumer reporting agencies may not report outdated negative information. In most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than ten years old. Access to your file is limited. A consumer reporting agency may provide information about you only to people with a valid need – usually to consider an application with a creditor, insurer, employer, landlord, or other business. The WFCRA specifies those with a valid need for access. You must be notified if reports are provided to employers. A consumer reporting agency may not give out information about you to employers without your knowledge. A potential employer must make a clear and conspicuous disclosure in writing to you or obtain your consent before obtaining a report. A current employer may not receive a report unless it has given you written notice that consumer reports may be used for employment purposes. You may limit “prescreened” offers of credit and insurance you get based on information in your credit report. You may elect not to receive unsolicited “prescreened” offers for credit and insurance by using the consumer reporting agency’s notification system to remove your name and address from the lists these offers are based on. You may opt-out with the nationwide credit bureaus at 1-888-567-8688. You may place a security freeze on your credit report. A security freeze prevents your credit file from being shared with potential creditors or insurance companies. You may be able to block information resulting from identity theft from appearing on your credit report. If you are a victim of identity theft, a consumer reporting agency must permanently block misinformation resulting from that theft from appearing on your credit report. You must provide the consumer reporting agency with a copy of a police report as evidence of your claim before it can place the block on your report. You may seek damages from violators. If a consumer reporting agency, or in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the WFCRA, you may be able to sue in state or federal court. COMPLAINTS Any complaints by consumers under state law may be directed to: Office of the Attorney General Consumer Protection Division 800 5th Avenue, Suite 2000 Seattle, Washington 98104-3188 Phone 1-800-551-4636 or (206) 464-6684 Fax (206) 389-2801 Statewide Toll-Free TDD: 800 276-9883 Complaints May Be Made Via U.S. Mail or E-Mail Complaints: http://www.atg.wa.gov/FileAComplaint.aspx (Include your U.S. Mail address with any complaint.) Website & Forms: http://www.atg.wa.gov/

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A Summary of Your Rights Under the Fair Credit Reporting Act

Para información en español: Visite www.consumerfinance.gov/learnmore o escriba a la Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552.

A Summary of Your Rights Under the Fair Credit Reporting Act

The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as those that sell information about check writing histories, medical records, and rental history records).

For more information about your rights under the FCRA, visit www.consumerfinance.gov/learnmore or write to: Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552.

Your Major Rights Under the FCRA

You must be told if information in your file has been used against you.
Anyone who uses a credit report or another type of consumer report to deny your application for credit, insurance, or employment—or to take another adverse action—must tell you and provide the name, address, and phone number of the agency that supplied the information.

You have the right to know what is in your file.
You may request and obtain all information about you contained in the files of a consumer reporting agency, also known as a “file disclosure.” You will need to provide proper identification, which may include your Social Security number. In many cases, the disclosure will be free of charge.

You are entitled to receive a free file disclosure under any of the following circumstances:

  • An adverse action has been taken against you based on information in your credit report (for example, denial of credit, insurance, or employment).
  • You are a victim of identity theft and have placed a fraud alert on your file.
  • Your file contains inaccurate or false information as a result of fraud.
  • You are currently receiving public assistance.
  • You are unemployed but plan to apply for employment within the next 60 days.

In addition, all consumers are entitled to one free disclosure every 12 months from each of the nationwide credit bureaus and from each nationwide specialty consumer reporting agency. For more information, visit www.consumerfinance.gov/learnmore.

You have the right to ask for a credit score.
Credit scores are numerical summaries of your credit-worthiness. You may request a score from consumer reporting agencies that create or distribute them, although a fee may apply. In some mortgage transactions, lenders must provide credit score information to you for free.

You have the right to dispute incomplete or inaccurate information.
If you find incomplete or inaccurate information in your file and report it to the consumer reporting agency, the agency must investigate the matter unless your dispute is determined to be frivolous. See www.consumerfinance.gov/learnmore for an explanation of dispute procedures.

Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information.
Such information must be removed or corrected, usually within 30 days. However, a consumer reporting agency may continue to report information that it has verified as accurate.

Consumer reporting agencies may not report outdated negative information.
In most cases, negative information that is more than seven years old—or bankruptcies that are more than ten years old—may not be reported.

Access to your file is limited.
A consumer reporting agency may provide information about you only to people with a valid need—usually to consider an application for credit, insurance, employment, or housing. The FCRA specifies who has a legitimate need for access.

You must give your consent for reports to be provided to employers.
A consumer reporting agency may not share information about you with your employer or a potential employer without your written consent given to that employer. Written consent generally is not required in the trucking industry. For more information, visit www.consumerfinance.gov/learnmore.

You may limit “prescreened” offers of credit and insurance.
Unsolicited “prescreened” offers based on information in your credit report must include a toll-free phone number you can call to remove your name and address from these lists. You may opt out with the nationwide credit bureaus by calling 1-888-567-8688.

Consumers Have the Right to Obtain a Security Freeze

You have the right to place a security freeze on your credit report. This will prohibit a consumer reporting agency from releasing your information without your express authorization. A security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. However, using a security freeze to control access to your credit report may delay, interfere with, or prevent the timely approval of applications for new credit, loans, or services.

As an alternative to a security freeze, you may place a fraud alert on your credit file at no cost:

  • Initial fraud alert: Lasts for 1 year and requires businesses to verify your identity before extending new credit.
  • Extended fraud alert: Available to victims of identity theft and lasts for 7 years.

A security freeze does not apply to entities with which you have an existing account that request information from your credit report for purposes such as account review, monitoring, credit line increases, or account upgrades.

You may seek damages from violators.
If a consumer reporting agency, a user of consumer reports, or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court.

Identity theft victims and active-duty military personnel have additional rights.
For more information, visit www.consumerfinance.gov/learnmore.

State and federal enforcement.
States may enforce the FCRA, and many states have their own consumer reporting laws that may grant additional rights. In some cases, you may have greater protection under state law. For more information, contact your state or local consumer protection agency or your state Attorney General. For information about your federal rights, contact the appropriate federal agency.

TYPE OF BUSINESS CONTACT
1.a. Banks, savings associations, and credit unions with total assets of over $10 billion and their affiliates
b. Such affiliates that are not banks, savings associations, or credit unions also should list, in addition to the CFPB:
a. Consumer Financial Protection Bureau
1700 G Street NW
Washington, DC 20552

b. Federal Trade Commission
Consumer Response Center
600 Pennsylvania Avenue NW
Washington, DC 20580
(877) 382-4357
2. To the extent not included in item 1 above:
a. National banks, federal savings associations, and federal branches and agencies of foreign banks
b. State member banks, branches and agencies of foreign banks (other than federal branches, federal agencies, and insured state branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act.
c. Nonmember insured banks, insured state branches of foreign banks, and insured state savings associations
d. Federal credit unions
a. Office of the Comptroller of the Currency
Customer Assistance Group
P.O. Box 53570
Houston, TX 77052

b. Federal Reserve Consumer Help Center
P.O. Box 1200
Minneapolis, MN 55480

c. Division of Depositor and Consumer Protection
National Center for Consumer and Depositor Assistance
Federal Deposit Insurance Corporation
1100 Walnut Street, Box #11
Kansas City, MO 64106

d. National Credit Union Administration
Office of Consumer Financial Protection
1775 Duke Street
Alexandria, VA 22314
3. Air carriers Assistant General Counsel for Office of Aviation Consumer Protection
Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
4. Creditors subject to the Surface Transportation Board Office of Public Assistance, Governmental Affairs, and Compliance
Surface Transportation Board
395 E Street SW
Washington, DC 20423
5. Creditors subject to the Packers and Stockyards Act, 1921 Nearest Packers and Stockyards Division Regional Office
6. Small Business Investment Companies Associate Administrator, Office of Capital Access
United States Small Business Administration
409 Third Street SW, Suite 8200
Washington, DC 20416
7. Brokers and Dealers Securities and Exchange Commission
100 F Street NE
Washington, DC 20549
8. Institutions that are members of the Farm Credit System Farm Credit Administration
1501 Farm Credit Drive
McLean, VA 22102-5090
9. Retailers, Finance Companies, and All Other Creditors Not Listed Above Federal Trade Commission
Consumer Response Center
600 Pennsylvania Avenue NW
Washington, DC 20580
(877) 382-4357

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Disclosure of Procurement of Consumer Report

Please be advised that the employer conducting this request may obtain information about you from a third-party consumer reporting agency to evaluate your eligibility for employment purposes. Thus, you may be the subject of a consumer report which may include information about your character, general reputation, personal characteristics, or mode of living.

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