Adverse action notice
The notice an employer must send before and after rejecting you because of a background check.
In more detail
Under the FCRA an employer must send a pre-adverse-action notice with a copy of the report and a summary of your rights before making a decision final, then a final adverse-action notice naming the agency that supplied the report. The gap between the two is your window to dispute an error.
Why it matters to you
A large share of employers skip the pre-adverse-action notice. If you were rejected after a background check and never received a copy of it, that is itself a violation — and it is why you never got the chance to say the record was sealed.
What to do
If you suspect a background check cost you a job and you got no notice, request the report from the agency directly and keep the evidence of what you did and did not receive.
- FCRA (Fair Credit Reporting Act)
The federal law governing companies that assemble consumer reports, including background checks.
- File disclosure
Your right under FCRA § 609 to a complete copy of what a consumer reporting agency holds on you.
- Ban the box / fair-chance hiring
Laws restricting when and how an employer may ask about or use criminal history.