What is a 613 notice?
A 613 Notice is a heads-up from a background checking company that they found a public record (like theft or drug possession) that could be yours, but it hasn't been verified. Named after Section 613 of the Fair Credit Reporting Act (FCRA), this notice is legally required whenever a consumer reporting agency reports public record information for employment purposes that could negatively affect your ability to get a job. The background checking company is required to send the notice to you and your potential employer at the same time.
Don't panic, here's how to handle it.
What Types of Public Records Trigger a 613 Notice?
Under the FCRA, the types of public records that can appear on an employment background check and trigger a 613 notice include:
- Criminal arrests and convictions
- Pending criminal charges or indictments
- Civil court judgments
- Outstanding tax liens
- Drug-related offenses, including possession charges
Not every record that shows up will necessarily be yours. Common reasons for a mismatch include similar names, shared addresses, or outdated records that have since been expunged or sealed.
What It Means:
- It’s not a rejection letter.
- It doesn’t mean the record has been verified.
- The employer shouldn’t think you’re guilty.
What You Should Do:
1. Read the Notice Carefully
Look at what they found, and which background checking company sent the notice. You’ll need to contact them, not the employer.
2. Gather Your Proof
You’ll need:
- A short written explanation saying what’s wrong and why.
- A copy of your photo ID (like a driver’s license or passport).
- Any documents that prove it’s not your record (Examples: proof of address, court dismissal, records from another background check, etc).
3. Submit a Dispute (It’s Free)
Contact the background check company that sent your notice. Tell them you are disputing the record under the Fair Credit Reporting Act (FCRA) and want a reinvestigation. They must legally:
- Review your claim.
- Remove or fix any incorrect information.
- Send your employer an updated report (if it changes).
They have 30 days to respond, but the sooner you start, the better.
Sample Explanation to Send
“Hi, I’m contacting you about a 613 notice I received. The public record reported does not belong to me. I am requesting a reinvestigation under the Fair Credit Reporting Act. I’ve attached my ID and documents showing the error. Please confirm receipt and let me know next steps.”
Why Act Fast?
Since the employer has also gotten the notice, they might assume the info is true and move on to another applicant if you don’t speak up. If you need help, let the employer know, or contact WorkPast to run your own background check and dispute the claims.
If the employer plans to deny you the job based on the report, they must send a pre and post adverse action letter letting you know and giving you time to respond.
Frequently Asked Questions About 613 Notices
Does a 613 notice mean I failed my background check?
No. A 613 notice does not mean you failed your background check. It means the consumer reporting agency found a record that could be associated with you, but it has not been verified. Many 613 notices are sent for records that turn out to belong to someone else or have already been resolved.
Who sends the 613 notice?
The 613 notice is sent by the the background check provider, not by your employer. Under Section 613 of the FCRA, the agency is required to notify you at the same time it reports the public record information to the employer.
Can an employer reject me based on a 613 notice alone?
An employer should not make a hiring decision based solely on unverified information from a 613 notice. If they do decide to take adverse action based on the background check findings, the FCRA requires them to follow a separate adverse action process that includes giving you a copy of the report and time to respond.
What is the difference between a 613 notice and a pre-adverse action notice?
A 613 notice is an early notification that public record information was found. It is sent at the time the report is delivered. A pre-adverse action notice is a separate, later step that only happens if the employer is considering denying you the position based on the report. The pre-adverse action notice must include a copy of your consumer report and a summary of your rights under the FCRA.
How long do I have to dispute a 613 notice?
While there is no specific deadline to file a dispute, you should act as quickly as possible. Once you file, the background check company has 30 days to complete their reinvestigation under FCRA Section 611. Waiting too long gives the employer more time to move forward with another candidate.
What if the record on the 613 notice is actually mine?
If the record is yours, the 613 notice still gives you an opportunity to provide context. You can prepare to explain the circumstances to the employer. Keep in mind that many states have laws limiting how employers can use certain types of criminal records in hiring decisions, and some records may be too old to legally report.
Is there a cost to dispute a 613 notice?
No. Under the FCRA, you have the right to dispute any inaccurate information on your consumer report at no cost. The background check company is required to conduct a free reinvestigation.
What does "potentially disqualifying information" mean on a 613 notice?
Potentially disqualifying information refers to any public record data in a consumer report that could adversely affect an applicant's ability to obtain employment. This includes criminal records, civil judgments, tax liens, and other derogatory information. It does not mean the information is verified or that it belongs to you. The screening company is simply required to notify you whenever such information appears in your background report.
Can I get a copy of my consumer report?
Yes. Under the FCRA, every consumer has the right to request a copy of their consumer report from the agency that compiled it. If you receive a 613 letter, the agency's contact information will be included. You can request your report to review the adverse information and verify whether it is accurate. If the employer takes adverse action, they are also required to provide you with a copy of the report.
Does the 613 notice apply to all types of background checks?
The 613 notice requirement applies specifically when a background check provider reports public record information for employment purposes. It does not apply to every type of background check. For example, background reports that only include employment verification or education verification typically would not trigger a 613 letter unless public record data with potentially disqualifying information is also included in the report.
What is the background check process under FCRA Section 613?
Under FCRA Section 613, when a consumer reporting agency furnishes a consumer report for employment purposes that includes public record data, the agency must follow strict procedures. The 613 letter serves as a formal notification to the applicant that potentially disqualifying information was found. This notification is notice required by law, and the letter is sent at the same time the background report is delivered to the employer. This ensures transparency and gives the applicant a chance to take further action.
What are my consumer's rights under the FCRA?
As a consumer, you have the right to be notified when a consumer reporting agency reports adverse information about you for employment purposes. You have the right to dispute any inaccurate information and request a reinvestigation at no cost. You can also request a copy of your consumer report. The screening provider must ensure that the information it reports is accurate and up to date, and it must provide you with accurate information about how to file a dispute.
Can a 613 notice affect my employment prospects?
A 613 notice alone should not affect your employment prospects. It is a formal notification, not a final decision. The employer should not treat the letter as proof that the information is accurate. If the employer does decide to take further action based on the background check results, they must follow the adverse action process, which includes providing you a copy of the report and giving you time to respond before making a final decision about the job offer.
Is the information in a 613 notice always up to date?
Not necessarily. Public record data is not always up to date, which is one reason 613 notices exist. The CRA must maintain reasonable procedures to keep information current, but errors happen. Records may belong to someone with a similar name or address, or they may reflect charges that were dismissed. If the information requires additional research or is not up to date, you should dispute it immediately. The background screening industry recognizes that legal compliance depends on accurate, current reporting.