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Adverse action letter templates: pre-adverse and final
An adverse action letter tells a person that a background check report is behind a decision against them. Under federal law you send two letters. The pre-adverse action notice goes before you decide. The final adverse action notice goes after. Pick the letter, where the person works and what in the report is behind the decision. Fill in the fields, and the letter builds as you type, with the items your state, county or city adds. Nothing you enter leaves your browser.
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Sample pre-adverse action letter
Prefer to write it yourself? This is the federal version. Replace each bracketed field. A state or city rule can add items. The generator above adds them for you.
[Employer legal name]
[Street address, city, state ZIP]
[Date]
[Person's full name]
[Street address, city, state ZIP]
Re: Pre-adverse action notice
Dear [Person's full name]:
We are writing about the [Position] position at [Employer legal name].
As part of our review, we got a consumer report about you from [Consumer reporting agency name]. Based in whole or in part on information in that report, we may take action that is not in your favor.
A copy of the report is enclosed. So is “A Summary of Your Rights Under the Fair Credit Reporting Act.” Please read both.
[Consumer reporting agency name] prepared the report. You can contact them at [Agency address] or [Agency phone].
You have the right to dispute with [Consumer reporting agency name] the accuracy or completeness of any information in the report.
If something in the report is wrong or incomplete, or if you want to explain it, please tell us.
Please respond by [Respond-by date]. We will not make a final decision until after that date.
To respond, or if you have questions, contact [Contact for the response].
Sincerely,
[Signature]
[Signer name]
[Signer title]
[Employer legal name]
Enclosures:
Copy of the consumer report from [Consumer reporting agency name]
A Summary of Your Rights Under the Fair Credit Reporting Act
Sample final adverse action letter
Send this notice of adverse action after the wait ends and you decide, as a separate letter. This is the federal version. Replace each bracketed field.
[Employer legal name]
[Street address, city, state ZIP]
[Date]
[Person's full name]
[Street address, city, state ZIP]
Re: Final adverse action notice
Dear [Person's full name]:
On [Date of the decision], we made a final decision about the [Position] position at [Employer legal name]. The decision is not in your favor. We based it in whole or in part on information in a consumer report about you.
[Consumer reporting agency name] prepared the report. You can contact them at [Agency address] or [Agency phone (toll-free if it is a nationwide agency)].
[Consumer reporting agency name] did not make this decision and cannot tell you the specific reasons for it.
You have the right to get a free copy of your report from [Consumer reporting agency name] if you ask for it within 60 days after you get this notice.
You have the right to dispute with [Consumer reporting agency name] the accuracy or completeness of any information in the report.
[Only if you used a credit score: the score and the related facts listed in 15 U.S.C. § 1681g(f)(1)(B)-(E)]
If you have questions about this letter, contact [Contact for the response].
Sincerely,
[Signature]
[Signer name]
[Signer title]
[Employer legal name]
What each letter must include
The federal items apply whenever a consumer reporting agency supplied the report. Some states and cities add more.
Pre-adverse action notice
Under the Fair Credit Reporting Act (FCRA), you give the person these items before you take adverse action based in whole or in part on the report (15 U.S.C. § 1681b(b)(3)(A)):
- A copy of the report
- “A Summary of Your Rights Under the Fair Credit Reporting Act,” the form the CFPB prescribes (
12 CFR pt. 1022, app. K). Use the CFPB’s current file (March 2023 version). The older copy linked from the FTC’s employer page has out-of-date agency contacts.
Give it before you decide. FTC staff say it cannot be in the same document as the final notice (FTC staff report, 2011).
Final adverse action notice
After you decide, tell the person. The notice may be oral, written or electronic. It must include these items (15 U.S.C. § 1681m(a)):
- Notice of the adverse action
- The name, address and phone number of the consumer reporting agency that supplied the report, with its toll-free number if it is a nationwide agency
- A statement that the agency did not make the decision and cannot give the specific reasons for it
- Notice of the right to a free copy of the report from the agency, if the person asks within 60 days
- Notice of the right to dispute the accuracy or completeness of the report with the agency
- If you used a numerical credit score: the score and the related facts listed in
15 U.S.C. § 1681g(f)(1)(B)-(E), with the key factors listed in order of importance (§ 1681g(f)(2)(B))
If the decision rests in whole or in part on information that a company related to yours by common ownership or common corporate control gave you, and that was not in a consumer report, the final notice must also say that the person may get the information. If you receive the person’s written request within 60 days after you send the notice, tell the person the nature of the information within 30 days after you get the request. This does not apply to information solely about the related company’s own transactions or experiences with the person (15 U.S.C. § 1681m(b)(2)). The generator adds this statement when you check the related-company box.
Extra items by state, county and city
Most of these rules apply when criminal history is behind the decision. Some add rules for credit history or for any consumer report, and some bind only a city’s contractors. The generator adds each item to the letter, or lists it under what to send, what to check first and what to do before and after you send. A few places add nothing to the letters; they are listed so you know they were checked.
| Place | Applies when the decision rests on | The pre-adverse action notice | The final notice | Law |
|---|---|---|---|---|
| Alaska | Criminal history. Adds nothing to either letter. | Nothing. | Nothing. | AS 12.62.160(c)(5) |
| Arizona | Any consumer report or credit history or criminal history. 1 item to check first, shown with the letter. | 1 step before you send. | 1 step before you send. | A.R.S. § 44-1693(A)(3) |
| California | Criminal history or credit history or any consumer report or an investigative consumer report. 4 items to check first, shown with the letter. | Adds 5 statements to the letter. Encloses: Copy of any other conviction history report or record we used or relied on, such as public records (including any we gathered ourselves), internet search results or news articles; Copy of any other public record we gathered ourselves, without a consumer reporting agency, that is behind this decision, such as a civil court case, tax lien or judgment. 13 steps before you send. | Adds 5 statements to the letter. Encloses: Copy of any other public record we gathered ourselves, without a consumer reporting agency, that is behind this decision, if we did not already send it. 6 steps before you send. | Cal. Gov. Code § 12952(c)-(d), (f)(2); Cal. Code Regs. tit. 2, §§ 11017.1(c), (f)(4)(E), 11008(e)(1)(C), (e)(5) |
| Unincorporated Los Angeles County California | Criminal history. 8 items to check first, shown with the letter. | Adds 12 statements to the letter. Encloses: Copy of our written initial individualized assessment; Copy of every criminal background check report we obtained, and of all other criminal history information we found, such as internet search results, court records, news articles and social media content. 13 steps before you send. | Adds 5 statements to the letter. Encloses: Copy of our written second individualized assessment. 8 steps before you send. | L.A. County Code §§ 8.300.040(D), 8.300.050(G)(3), (I)–(K), 8.300.060 |
| Unincorporated San Diego County California | Criminal history. 3 items to check first, shown with the letter. | Adds 6 statements to the letter. 6 steps before you send. | Adds 2 statements to the letter. 2 steps before you send. | San Diego County Code of Regulatory Ordinances § 21.2704(d) |
| City and County of San Francisco California | Criminal history. 11 items to check first, shown with the letter. | Adds 6 statements to the letter. Encloses: Copy of any other background check or conviction history report or record we used or relied on, such as one from a court, the police, the California Department of Justice or the FBI, public records (including any we gathered ourselves), internet search results or news articles; San Francisco Fair Chance Ordinance Notice. 6 steps before you send. | Adds 2 statements to the letter. 6 steps before you send. | S.F. Police Code Art. 49, § 4904(f)–(i), as amended by Ord. No. 128-26 (2026); S.F. Admin. Code § 12T.4(f)–(i) |
| City of Los Angeles California | Criminal history. 6 items to check first, shown with the letter. | Adds 6 statements to the letter. Encloses: Copy of our written individualized assessment; Copy of any other conviction history report, record or document we used or relied on for this proposed decision, such as a court record, public records, internet search results or news articles. 9 steps before you send. | Encloses: Copy of our written reassessment, if we wrote one; Copy of the documents behind this decision, if we wrote a reassessment. 6 steps before you send. | LAMC § 189.03(B) |
| City of Richmond California | Criminal history. City contractors only: a check box in the generator. 7 items to check first, shown with the letter. | 3 steps before you send. | Adds 2 statements to the letter. 5 steps before you send. | Richmond Municipal Code § 2.65.010 |
| Colorado | Credit history or criminal history or any consumer report or other report items. 11 items to check first, shown with the letter. | Adds 2 statements to the letter. 6 steps before you send. | Adds 1 statement to the letter. 8 steps before you send. | C.R.S. 8-2-126(2)-(4) |
| Connecticut | Criminal history or credit history. 5 items to check first, shown with the letter. | Adds 1 statement to the letter. 4 steps before you send. | Adds 1 statement to the letter. 3 steps before you send. | Conn. Gen. Stat. 46a-80(b), (d) |
| City of Hartford Connecticut | Criminal history. City contractors only: a check box in the generator. 8 items to check first, shown with the letter. | Adds 1 statement to the letter. Encloses: Copy of your criminal record (in the enclosed consumer report, or as a separate copy). 7 steps before you send. | 5 steps before you send. | Hartford Mun. Code §§ 2-785 to 2-793 (Ord. No. 18-09, adopted May 11, 2009) |
| City of New Haven Connecticut | Criminal history. City contractors only: a check box in the generator. 7 items to check first, shown with the letter. | Adds 5 statements to the letter. Encloses: Copy of the consumer report from the agency, with the convictions that relate to the job highlighted. 8 steps before you send. | Adds 1 statement to the letter. 4 steps before you send. | New Haven Code § 2-851 |
| Delaware | Criminal history or credit history. 2 items to check first, shown with the letter. | 2 steps before you send. | 1 step before you send. | 19 Del. C. § 711(h)(1)-(4) |
| District of Columbia | Criminal history or credit history. 6 items to check first, shown with the letter. | Adds 1 statement to the letter. 5 steps before you send. | Adds 3 statements to the letter. 6 steps before you send. | D.C. Code § 32-1341(3), (6), (7) |
| Florida | Criminal history or other report items. 6 items to check first, shown with the letter. | Adds 2 statements to the letter. 10 steps before you send. | 4 steps before you send. | Fla. Stat. § 435.05(1)(b)-(c) |
| City of Gainesville Florida | Criminal history. 6 items to check first, shown with the letter. | Adds 4 statements to the letter. Encloses: Copy of the criminal history records we used in our review. 8 steps before you send. | Adds 2 statements to the letter. 3 steps before you send. | Gainesville Code of Ordinances ch. 14.5, art. IX, secs. 14.5-178(b)-(d), 14.5-180, 14.5-181(a)-(j) |
| Georgia | Criminal history. 5 items to check first, shown with the letter. | Adds 2 statements to the letter. 3 steps before you send. | Adds 6 statements to the letter. 8 steps before you send. | O.C.G.A. § 35-3-34(b) |
| City of Atlanta Georgia | Criminal history. 2 items to check first, shown with the letter. | 1 step before you send. | 1 step before you send. | Atlanta Code of Ordinances §§ 94-111 to 94-114 (as amended by Ord. No. 2022-38) |
| Guam | Criminal history or other report items. 3 items to check first, shown with the letter. | Adds 1 statement to the letter. 5 steps before you send. | Adds 4 statements to the letter. Encloses: Written Statement of Denial; Copies of all documents from our review of your application, including the criminal records we obtained. 5 steps before you send. | 22 GCA §§ 6101(a), (c)-(f) |
| Hawaii | Criminal history or credit history. 8 items to check first, shown with the letter. | Adds 3 statements to the letter. 6 steps before you send. | 6 steps before you send. | HRS 378-2.5 |
| Illinois | Criminal history. More rules for credit history. 5 items to check first, shown with the letter. | Adds 4 statements to the letter. Encloses: Written statement of the reasons for this decision. 8 steps before you send. | Adds 4 statements to the letter. Encloses: Written statement of the reasons for this decision. 4 steps before you send. | 775 ILCS 5/2-103.1(C) |
| Cook County Illinois | Criminal history or credit history. 10 items to check first, shown with the letter. | 2 steps before you send. | 1 step before you send. | Cook County Code §§ 42-31, 42-33, 42-35(a), (b)(4), (g), (h) |
| Cook County (credit history) Illinois | Credit history. 6 items to check first, shown with the letter. | Nothing. | Nothing. | Cook County Code § 42-35(g)(1)-(4) |
| City of Champaign Illinois | Criminal history. 2 items to check first, shown with the letter. | Nothing. | Nothing. | Champaign Mun. Code ch. 17, §§ 17-3(11), 17-3(13), 17-4, 17-4.2, 17-36, 17-40, 17-102 (Municode Supp. No. 80, codified through C.B. No. 2026-096) |
| City of Chicago Illinois | Criminal history. More rules for credit history. 19 items to check first, shown with the letter. | Adds 3 statements to the letter. Encloses: Copy of the conviction record we relied on, if it is not in the consumer report. 8 steps before you send. | Adds 4 statements to the letter. 4 steps before you send. | Municipal Code of Chicago § 6-10-054(a)-(d) and § 6-10-020; CCHR Rules 210.110 and 270.110 |
| City of Urbana Illinois | Criminal history. 5 items to check first, shown with the letter. | 1 step before you send. | 1 step before you send. | Urbana City Code Secs. 12-37, 12-39, 12-61(a), 12-62(a)(1), (b)-(e), (f)(2), 12-105(a), (d) |
| City of Indianapolis and Marion County Indiana | Criminal history. Adds nothing to either letter. City contractors only: a check box in the generator. | Nothing. | Nothing. | Indianapolis-Marion County Revised Code Sec. 670-101 (definitions: vendor, city or county agency, employment) |
| Kansas | Any consumer report or an investigative consumer report or criminal history. 2 items to check first, shown with the letter. | 4 steps before you send. | 4 steps before you send. | K.S.A. 50-714(a), (c) |
| Kentucky | Criminal history or other report items. 6 items to check first, shown with the letter. | Nothing. | Nothing. | KRS 335B.020 (as amended by 2026 Ky. Acts chs. 64 and 72) |
| Louisville Metro Kentucky | Criminal history. Adds nothing to either letter. City contractors only: a check box in the generator. | Nothing. | Nothing. | Louisville Metro Code of Ordinances § 112.30 (Lou. Metro Ord. No. 46-2014, approved 3-25-2014, effective on passage and approval per § VIII; am. Lou. Metro Am. Ord. No. 128-2024, approved 8-15-2024) |
| Louisiana | Criminal history or credit history or any consumer report. 5 items to check first, shown with the letter. | 6 steps before you send. | Nothing. | La. R.S. 23:291.2(A)-(C) |
| City of New Orleans Louisiana | Criminal history. City contractors only: a check box in the generator. 4 items to check first, shown with the letter. | Adds 3 statements to the letter. Encloses: Response form for your reply and any evidence you want us to consider. 8 steps before you send. | 3 steps before you send. | Code of the City of New Orleans Sec. 2-13(a)-(g) and (i), as amended by Ord. Nos. 30367 and 30408 M.C.S. (2025) |
| Maine | Any consumer report or an investigative consumer report or criminal history or credit history. 3 items to check first, shown with the letter. | Adds 1 statement to the letter. 2 steps before you send. | Nothing. | 10 M.R.S. § 1309(1) |
| Maryland | Credit history or any consumer report or an investigative consumer report or criminal history. 12 items to check first, shown with the letter. | 5 steps before you send. | Adds 1 statement to the letter. 4 steps before you send. | Md. Code, Com. Law § 14-1212(a) |
| Montgomery County Maryland | Criminal history. 5 items to check first, shown with the letter. | Adds 3 statements to the letter. 7 steps before you send. | Adds 2 statements to the letter. 1 step before you send. | Montgomery County Code § 27-73(a)(3); § 1-301(c) |
| Prince George’s County Maryland | Criminal history. 6 items to check first, shown with the letter. | Adds 3 statements to the letter. Encloses: Copy of any other criminal record report we have about you, from any source. 7 steps before you send. | Adds 2 statements to the letter. 4 steps before you send. | Prince George’s County Code § 2-231.05(b) |
| Baltimore City Maryland | Criminal history. 2 items to check first, shown with the letter. | 1 step before you send. | Nothing. | Baltimore City Code Art. 11, §§ 15-1, 15-3, 15-6, 15-7, 15-13 |
| Massachusetts | Criminal history or credit history or any consumer report or an investigative consumer report. 7 items to check first, shown with the letter. | Adds 5 statements to the letter. Encloses: Copy of the criminal history information we have about you, from every source; Copy of our CORI policy; DCJIS: “Information Concerning the Process in Correcting a Criminal Record”. 16 steps before you send. | Adds 4 statements to the letter. Encloses: Copy of the criminal history information we have about you, from every source. 7 steps before you send. | M.G.L. c. 6, §§ 171A, 172 |
| City of Boston Massachusetts | Criminal history. City contractors only: a check box in the generator. 3 items to check first, shown with the letter. | Adds 2 statements to the letter. 7 steps before you send. | Adds 2 statements to the letter. Encloses: Written statement of the specific reasons for this decision. 3 steps before you send. | Boston Code § 4-7.3(A)-(B) |
| City of Cambridge Massachusetts | Criminal history. City contractors only: a check box in the generator. 5 items to check first, shown with the letter. | Adds 3 statements to the letter. Encloses: Copy of the criminal history information we have about you, from every source; Copy of our CORI policy; City of Cambridge CORI Policy; DCJIS: “Information Concerning the Process in Correcting a Criminal Record”. 8 steps before you send. | Adds 1 statement to the letter. 3 steps before you send. | Cambridge Mun. Code §§ 2.112.060-2.112.065 |
| City of Worcester Massachusetts | Criminal history. City contractors only: a check box in the generator. 4 items to check first, shown with the letter. | Adds 3 statements to the letter. Encloses: Our written CORI policy. 6 steps before you send. | Adds 1 statement to the letter. 3 steps before you send. | Worcester Rev. Ord. 2008 ch. 2 § 37 (Fair CORI Practices) |
| City of Detroit Michigan | Criminal history or other report items. City contractors only: a check box in the generator. 3 items to check first, shown with the letter. | Adds 8 statements to the letter. Encloses: Copy of any other background check or criminal conviction history record we relied on, if the consumer report was not the only one. 10 steps before you send. | Adds 3 statements to the letter. 2 steps before you send. | Detroit City Code § 17-5-267 |
| City of Grand Rapids Michigan | Criminal history. 1 item to check first, shown with the letter. | 2 steps before you send. | Nothing. | Grand Rapids City Code § 9.959(3)(b) |
| City of Kalamazoo Michigan | Criminal history. 2 items to check first, shown with the letter. | Adds 2 statements to the letter. 5 steps before you send. | Adds 1 statement to the letter. 4 steps before you send. | Kalamazoo City Code ch. 18 (Ord. No. 2013, adopted Sept. 8, 2020; no separate effective date found), §§ 18-1(B), 18-2, 18-4(A), 18-6, 18-7(D), 18-7(F), 18-9, 18-19(B) |
| Minnesota | Any consumer report or an investigative consumer report or criminal history or credit history. 2 items to check first, shown with the letter. | 3 steps before you send. | Adds 2 statements to the letter. 8 steps before you send. | Minn. Stat. § 13C.03 |
| City of Minneapolis Minnesota | Criminal history. 3 items to check first, shown with the letter. | Adds 1 statement to the letter. 2 steps before you send. | 1 step before you send. | Minneapolis Code of Ordinances 139.10(c)(3), 139.10(h)(3), 139.20, 139.30(a)(1), 139.30(a)(8)-(9), 139.30(i), 139.40(b), 139.40(b)(1), 141.50(a) |
| Missouri | Criminal history or other report items. 8 items to check first, shown with the letter. | Adds 9 statements to the letter. 12 steps before you send. | Adds 1 statement to the letter. 6 steps before you send. | RSMo 43.540.1(6); 43.540.2(7)-(10); 43.540.3; 43.540.5; 43.540.6 (eff. Aug. 28, 2023) |
| City of Columbia Missouri | Criminal history. 3 items to check first, shown with the letter. | Nothing. | Nothing. | Columbia City Code ch. 12, Art. V, sections 12-90 to 12-94 (Ord. No. 22286, adopted December 1, 2014) |
| City of Kansas City Missouri | Criminal history. 1 item to check first, shown with the letter. | 3 steps before you send. | 2 steps before you send. | Kansas City, Mo., Code of Ordinances § 38-104 (Ord. No. 180034, effective June 9, 2018) |
| City of St. Louis Missouri | Criminal history. 3 items to check first, shown with the letter. | 1 step before you send. | 1 step before you send. | St. Louis Revised Code 8.120.010 (Ord. No. 71074, § 1, 1-27-2020) |
| Montana | Any consumer report or an investigative consumer report. | 2 steps before you send. | 1 step before you send. | MCA 31-3-131(1), (3) |
| Nevada | Credit history or criminal history or any consumer report or other report items. 11 items to check first, shown with the letter. | 4 steps before you send. | 3 steps before you send. | NRS 613.550 |
| New Hampshire | Any consumer report or an investigative consumer report or criminal history or credit history. | 3 steps before you send. | Adds 1 statement to the letter. 3 steps before you send. | RSA 359-B:15 I |
| New Jersey | Any consumer report or criminal history or credit history or an investigative consumer report or other report items. 7 items to check first, shown with the letter. | Adds 2 statements to the letter. Encloses: Description of your rights under the New Jersey Fair Credit Reporting Act. 9 steps before you send. | 4 steps before you send. | N.J.S.A. 56:11-28 to -41 |
| New Mexico | Criminal history or credit history. 3 items to check first, shown with the letter. | Nothing. | Nothing. | NMSA 1978 § 28-2-3.1(A), (B) |
| New York | Criminal history or credit history or any consumer report or an investigative consumer report. 8 items to check first, shown with the letter. | Adds 2 statements to the letter. Encloses: Copy of New York Correction Law Article 23-A. 17 steps before you send. | Adds 1 statement to the letter. 4 steps before you send. | N.Y. Correction Law §§ 750-755 |
| New York (credit history) | Credit history. 13 items to check first, shown with the letter. | 4 steps before you send. | 2 steps before you send. | N.Y. Gen. Bus. Law § 380-b(d), (f) |
| Rockland County New York | Criminal history. 2 items to check first, shown with the letter. | Adds 6 statements to the letter. Encloses: Written copy of every inquiry we made to collect information about your criminal history: each question we asked, in writing or out loud, and our request for the background check; Written copy of our Article 23-A analysis: the § 752 reason we rely on, our review of each § 753 factor, and whether you hold a certificate of relief from disabilities or a certificate of good conduct; Copy of New York Correction Law Article 23-A; Copy of the criminal history information we received about you. 9 steps before you send. | Adds 1 statement to the letter. 2 steps before you send. | Rockland County Code § 290-5B(3) |
| Suffolk County New York | Criminal history. 4 items to check first, shown with the letter. | 1 step before you send. | Nothing. | Suffolk County Code §§ 528-19 to 528-23 (Art. III, Fair Employment Screening; L.L. No. 14 of 2020, effective Aug. 25, 2020) |
| Westchester County New York | Criminal history. 1 item to check first, shown with the letter. | Adds 1 statement to the letter. 4 steps before you send. | Adds 1 statement to the letter. 2 steps before you send. | Laws of Westchester County § 700.03(a)(10) (Local Law 14-2018; re-enacted by Local Law 9-2023) |
| City of Buffalo New York | Criminal history. Adds nothing to either letter. | Nothing. | Nothing. | Buffalo City Code ch. 154, Art. V (Fair Employment Screening), §§ 154-25 to 154-29, adopted 2013-05-28 |
| City of Rochester New York | Criminal history. More rules for credit history. 5 items to check first, shown with the letter. | Adds 3 statements to the letter. Encloses: Copy of New York Correction Law Article 23-A; Copy of the criminal history information we received about you. 3 steps before you send. | 2 steps before you send. | Rochester City Code §§ 63-12 to 63-16 |
| City of Syracuse New York | Criminal history. City contractors only: a check box in the generator. 4 items to check first, shown with the letter. | Adds 4 statements to the letter. Encloses: Copy of the consumer report from the agency, with the convictions behind the decision marked. 7 steps before you send. | 3 steps before you send. | Syracuse Rev. Gen. Ord. ch. 53, §§ 53-3(d), (e), (f), (g), 53-4, 53-6, 53-7, 53-8, 53-9, 53-11 (Gen. Ord. No. 45-2014), as codified through Sept. 30, 2024 |
| New York City New York | Criminal history or credit history. 8 items to check first, shown with the letter. | Adds 7 statements to the letter. Encloses: Fair Chance Notice with our written Fair Chance Analysis, its supporting documents and our reasons; Complete copy of every other item we relied on to learn about your criminal history, such as internet printouts that show their source and copies of public records; Record of the date and time we got each item, and a written summary of any oral information, saying whether it came from you. 16 steps before you send. | Adds 1 statement to the letter. 9 steps before you send. | N.Y.C. Admin. Code § 8-107(11-a)(b)(5), (c)(4); 47 RCNY §§ 2-01, 2-04(e)(2); CCHR Legal Enforcement Guidance on the Fair Chance Act (Jan. 3, 2022), Parts V(E), VI(B) |
| Oklahoma | Any consumer report or an investigative consumer report. More rules for criminal history. 4 items to check first, shown with the letter. | 3 steps before you send. | 1 step before you send. | 24 O.S. § 148 |
| Oregon | Credit history or criminal history. 5 items to check first, shown with the letter. | 12 steps before you send. | 3 steps before you send. | ORS 659A.320 |
| City of Portland Oregon | Criminal history. 7 items to check first, shown with the letter. | 3 steps before you send. | Adds 2 statements to the letter. 7 steps before you send. | Portland City Code 23.10.020, 23.10.030(A)-(F), 23.10.040(A)-(B), 23.10.070 |
| Pennsylvania | Criminal history. 5 items to check first, shown with the letter. | Nothing. | Adds 1 statement to the letter. 1 step before you send. | 18 Pa.C.S. § 9125(c) |
| Chester County Pennsylvania | Criminal history. 2 items to check first, shown with the letter. | 2 steps before you send. | Adds 1 statement to the letter. 4 steps before you send. | Chester County Ord. No. ORD-2025-03 (Human Relations Ordinance), Sec. 201(H), 301.1(L)-(N), 401, 1201 |
| Delaware County Pennsylvania | Criminal history. 1 item to check first, shown with the letter. | 5 steps before you send. | 2 steps before you send. | Delaware County Code § 6-89(B) |
| Erie County Pennsylvania | Criminal history or credit history. 4 items to check first, shown with the letter. | Adds 2 statements to the letter. 6 steps before you send. | Adds 4 statements to the letter. Encloses: Copy of the criminal history report we relied on. 5 steps before you send. | Erie County Ord. 82, 2021, Exh. A, Art. IV(I)(1)-(4) |
| Lehigh County Pennsylvania | Criminal history. 4 items to check first, shown with the letter. | 1 step before you send. | Adds 2 statements to the letter. 5 steps before you send. | Lehigh County Ord. No. 2024-106, §§ 101(C), 201.16, 302.1(L), (M), (N), 502, 14 |
| Montgomery County Pennsylvania | No report item. Adds nothing to either letter. | Nothing. | Nothing. | Montgomery County (PA) Commissioners Resolution No. 25-C.095 (Sept. 4, 2025), establishing the Montgomery County Human Relations Commission |
| Northampton County Pennsylvania | Criminal history. 2 items to check first, shown with the letter. | 1 step before you send. | Adds 1 statement to the letter. 3 steps before you send. | Northampton County Ord. No. 794-2026, Human Relations Ordinance §§ 201.17, 302.1 (L)-(N), 501-502 |
| City of Allentown Pennsylvania | Criminal history. | 1 step before you send. | Adds 1 statement to the letter. 5 steps before you send. | Allentown Ordinance No. 16140 (2025): Definitions 16 and 17; Employment discrimination protections, paras. L, M and N; Exemption |
| City of Philadelphia Pennsylvania | Criminal history. More rules for credit history. 7 items to check first, shown with the letter. | Adds 20 statements to the letter. Encloses: Copy of any other criminal record we used, such as court records or internet search results; Copies of the other documents we relied on for this decision; Written copy of the credit information we relied on. 12 steps before you send. | Adds 3 statements to the letter. 8 steps before you send. | Phila. Code § 9-3504.1(3) |
| City of Philadelphia (credit history) Pennsylvania | Credit history or other report items. 9 items to check first, shown with the letter. | Adds 2 statements to the letter. Encloses: Written copy of any credit information we relied on that is not in the consumer report. 8 steps before you send. | 2 steps before you send. | Phila. Code § 9-1130 (Bill No. 160072, 2016; Bill Nos. 200413 and 200614, 2021) |
| City of Pittsburgh Pennsylvania | Criminal history. City contractors only: a check box in the generator. 7 items to check first, shown with the letter. | Adds 1 statement to the letter. 5 steps before you send. | 2 steps before you send. | Pittsburgh Code § 161.16A (Ord. No. 11-2023, eff. Aug. 3, 2023) |
| Puerto Rico | Credit history. 2 items to check first, shown with the letter. | Nothing. | Nothing. | P.R. Act No. 150 of October 8, 2019 (29 L.P.R.A. §§ 1411-1416) |
| Rhode Island | Credit history or criminal history. 4 items to check first, shown with the letter. | 2 steps before you send. | 1 step before you send. | R.I. Gen. Laws § 6-13.1-21(a)-(b) |
| Texas | Any consumer report or criminal history. 1 item to check first, shown with the letter. | Nothing. | Nothing. | Tex. Bus. & Com. Code §§ 20.01(1)(B), (2); 20.02(b), (c); 20.04(b)(1)(A) |
| City of Austin Texas | Criminal history. 4 items to check first, shown with the letter. | 1 step before you send. | Adds 1 statement to the letter. 6 steps before you send. | Austin City Code ch. 4-15 (Fair Chance Hiring), secs. 4-15-2(A), (C), (D), (E), (F), (G), (I), (J) |
| U.S. Virgin Islands | Criminal history. 1 item to check first, shown with the letter. | Adds 1 statement to the letter. 4 steps before you send. | 1 step before you send. | Act No. 8838 (Bill No. 35-0115), the Virgin Islands Fair Chance for Employment Act, enacted by veto override 2024-06-24. It enacts 24 V.I.C. §§ 465-470; section numbers are as enacted and not yet checked against the published V.I. Code |
| Utah | Criminal history. 4 items to check first, shown with the letter. | 9 steps before you send. | 2 steps before you send. | Utah Code 53-10-108(2), (4)(a)-(h), (5)(a), (6), (12)(a)-(b) (eff. 9/1/2025) |
| Vermont | Credit history or criminal history or any consumer report. 8 items to check first, shown with the letter. | Adds 2 statements to the letter. 10 steps before you send. | Adds 2 statements to the letter. 8 steps before you send. | 21 V.S.A. § 495i(a)-(g) |
| Virginia | Criminal history or other report items. 6 items to check first, shown with the letter. | 2 steps before you send. | 5 steps before you send. | Va. Code § 19.2-392.15(A), (B), (F), (G) |
| Washington | Criminal history or any consumer report or credit history or an investigative consumer report. 4 items to check first, shown with the letter. | Adds 4 statements to the letter. Encloses: Washington Fair Chance Act Guide for Employers and Applicants (Washington State Attorney General’s Office); Our written statement of Washington’s Fair Chance Act rules; Description of your rights under Washington’s consumer report law (chapter 19.182 RCW). 8 steps before you send. | Adds 2 statements to the letter. Encloses: Written statement of the reasons for this decision. 5 steps before you send. | RCW 49.94.010(5)(b)-(c) |
| City of Spokane Washington | Criminal history or other report items. 5 items to check first, shown with the letter. | 2 steps before you send. | Nothing. | SMC 09.02.030 |
| Seattle Washington | Criminal history. 3 items to check first, shown with the letter. | Adds 3 statements to the letter. 7 steps before you send. | 2 steps before you send. | SMC 14.17.020(F)-(G); SHRR 80-110, 80-120 |
| City of Madison Wisconsin | Criminal history or credit history or any consumer report. 13 items to check first, shown with the letter. | Adds 2 statements to the letter. 4 steps before you send. | Nothing. | MGO 39.03(8)(a)-(f) |
| City of Madison (credit history) Wisconsin | Credit history. 4 items to check first, shown with the letter. | Adds 1 statement to the letter. 2 steps before you send. | 2 steps before you send. | Madison General Ordinances § 39.03(8)(i)7 |
The order of steps
The two letters are two steps in a longer process.
- Read the report. If something in it may change your decision, make a preliminary decision. Where the law requires a written assessment, write it now: Los Angeles, Los Angeles County and unincorporated San Diego County (the individualized assessment), New York City (the Fair Chance Analysis) and Rockland County (the Article 23-A analysis).
- Send the pre-adverse action notice. Include a copy of the report and the summary of rights, plus the items your state or city adds.
- Wait. The pre-adverse action waiting-period calculator finds the earliest date to decide. Where the law requires it, hold the job open during the wait.
- Read what the person sends. Some places add time when the person disputes the record. If the person sends information, the City of Los Angeles requires a written reassessment, and Los Angeles County a second written assessment, before you decide.
- Decide, then send the final adverse action notice as a separate letter.
- Keep a copy of each letter and a record of the day the person got it. Where the law is silent, the calculator counts from the day the person got the notice. That gives the later date.
Questions
What is an adverse action letter?
It tells a person that you acted against them, in whole or in part, because of a consumer report, such as a background check report from a consumer reporting agency. Adverse action includes not hiring a person and any other employment decision that harms an applicant or employee (15 U.S.C. § 1681a(k)(1)(B)(ii)). Under the FCRA there are two letters. The pre-adverse action notice goes before you decide. The final adverse action notice goes after. The generator above writes both.
Can I send both letters at the same time?
No. The pre-adverse action notice comes before the decision, so the person can respond. FTC staff say it cannot be in the same document as the final notice (FTC staff report, 2011). Send the final notice only after the wait ends and you decide.
How long do I wait between the two letters?
The FCRA names no number of days. In a 1997 letter, FTC staff said a proposed wait of 5 business days “appears reasonable” (FTC staff letter, 1997). For decisions based on criminal history, some states and cities set a minimum, from 2 business days in Washington and Seattle to 10 in Philadelphia. The generator puts the response date in the letter. The waiting-period calculator shows the count day by day.
Can I send the letters by email?
Federal law allows a final notice that is oral, written or electronic (15 U.S.C. § 1681m(a)). Some places set the method. Los Angeles County requires regular mail, plus email if you have an address. New York City guidance says to agree on the delivery method in advance, and to use email only if you both agreed. Illinois and Chicago require the final notice in writing when a conviction record is behind it. The method also changes when the waiting period starts.
Do I have to tell the person why?
The FCRA’s list does not include your reasons. The final notice says the consumer reporting agency did not make the decision and cannot give the specific reasons. Some places require your reasons when criminal history is behind the decision. Illinois and Chicago require them in both letters, Philadelphia in the pre-adverse action notice, and Washington in the final notice, with your assessment of each factor. Los Angeles, Los Angeles County, unincorporated San Diego County, New York City and Rockland County require a written assessment. In California, the reasons are optional. For credit history, Vermont requires your reasons in writing, and Colorado requires you to name the credit information you relied on.
What if the record came from my own search?
The FCRA letters apply when a consumer reporting agency supplied the report. Facts you gather yourself are not covered. Many criminal-history laws reach records from any source. California and Los Angeles County name internet searches, court or public records and news articles. New York City names internet printouts and public records. Montgomery County and Prince George’s County cover a criminal record report from any source. In those places, the local items still apply.
What if more than one rule applies?
A job can fall under a city, its county and its state at once. The generator writes one letter with the items of every rule you choose, and states each item once. It gives the latest response date of all the rules. Where a law sets exact wording, as Gainesville does, and Massachusetts does for credit history, the generator keeps it word for word. Austin’s statement is a fixed sentence that follows the City’s reading of its code, not wording the law sets. Where a law requires an official form, the generator names it with the letter and lists it with what to send. Rules that limit the decision itself, such as a ban on most credit checks, show as items to check first, under the letter, with their count above it.
What if credit history is behind the decision?
Choose credit history in the generator. Federal law adds the score facts when you used a numerical credit score (15 U.S.C. § 1681m(a)(2)). Many states and cities ban most credit checks for jobs unless an exemption fits the job, among them California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Nevada, New York State (since April 18, 2026), Oregon, Vermont, the District of Columbia, Chicago, Cook County, New York City and Philadelphia. A correct letter does not make a banned check lawful. The generator shows each ban, with its exemptions, as an item to check first.
Does a city contract change the letter?
It can. Some cities bind their contractors and vendors to fair chance rules, and those rules often follow the contract rather than where the job is. They include Boston, Cambridge and Worcester, Hartford and New Haven, Pittsburgh, Richmond (California), Syracuse, Detroit and New Orleans. Choose the state where the person works, then check the box for the city contract; the boxes list the cities in that state. The generator adds that city’s items to the letter.
Sources
- 15 U.S.C. § 1681b(b)(3), pre-adverse action notice
- 15 U.S.C. § 1681m(a), final notice
- 15 U.S.C. § 1681a(k), adverse action
- 15 U.S.C. § 1681g(f), credit score disclosure
- 12 CFR pt. 1022, app. K, Summary of Your Rights (CFPB file, March 2023 version)
- FTC staff letter (June 27, 1997), Weisberg
- FTC staff report (2011), 40 Years of Experience with the FCRA
- Cal. Gov. Code § 12952, California
- LAMC § 189.03, Los Angeles
- L.A. County Code ch. 8.300, Los Angeles County
- San Diego County Code §§ 21.2701–21.2708, San Diego County
- S.F. Ord. No. 128-26, Police Code art. 49, San Francisco
- 775 ILCS 5/2-103.1, Illinois
- Chicago Mun. Code § 6-10-054, Chicago
- Montgomery County Code § 27-73, Montgomery County, MD
- Prince George’s County Code § 2-231.05, Prince George’s County, MD
- N.Y.C. Local Law 4 of 2021, New York City
- 47 RCNY ch. 2, NYC Commission on Human Rights rules
- Rockland County Code ch. 290, Rockland County
- Phila. Bill No. 250373-A, Phila. Code § 9-3504.1, Philadelphia
- RCW 49.94.010, Washington
- SMC ch. 14.17, Seattle
The table of extra items names the law for every state, county and city the generator covers.
Last reviewed · General information, not legal advice.