Special Handling Jurisdictions for Pre-Adverse and Adverse Action

Important Note: The following is provided for informational purposes. It is not legal advice. Employers should confer with their legal counsel for additional information about their compliance responsibilities with state and local fair chance laws. Verified First disclaims all responsibility for or liability or damages associated with or arising out of the information provided.

In addition to providing a pre-adverse action notice — which includes a copy of the background check report and the FCRA Summary of Rights — and an adverse action notice, notices must contain additional information if the decision is based on criminal history.

Note that all pre-adverse (preliminary determination) notices should include a deadline for the applicant to respond before the employer makes a final decision. This is at least five business days (except for Prince George's County (MD) or Montgomery County (MD), which are seven days). Note that California and unincorporated areas of Los Angeles County measure the five business days from the day the applicant "receives" the letter, with date of receipt presumed based on manner of delivery. Please confer with counsel for more information about California's deadline requirements.

• New York City – The pre-adverse action notice must include an Individualized Assessment Form to be filled out and provided to the individual if the employer is considering rejecting an applicant or terminating an employee because of their criminal history. The form can be found here.
  • The NYC Fair Chance Act Notice informs the individual that their criminal record has been checked and may lead to the job offer being retracted or their employment being terminated.
  • The form invites the individual to provide additional information to help the employer make an employment decision. Applicants and employees can correct errors on their criminal record or provide other relevant information.
  • The document shows the factors that must be considered as per Article 23-A of the New York State Correction Law.
  • After considering these factors, the employer may deny the job or terminate employment if they believe there's a direct relationship between the criminal record and the job, or if the record creates an unreasonable risk to persons, the public, or property.

• California – The pre-adverse action (preliminary determination) notice must identify the specific criminal history items that are potentially disqualifying, the deadline to respond, including that the applicant or employee will be given additional time if they advise of intent to obtain evidence of inaccuracy, and a statement that the applicant or employee can provide evidence challenging the accuracy of the report, mitigating circumstances or rehabilitation. The adverse action (final determination) notice must identify the specific criminal history items that are disqualifying and advise applicants or employees of their right to contest the decision by filing a complaint with the California Civil Rights Department.

• City of Los Angeles (CA) – In addition to California, requires an Individualized Assessment Form to be filled out and provided to the applicant with the pre-adverse action notice. The form can be found here.
  • The form shows the factors that employers must consider.
  • If the employer is considering rescinding an offer after considering these factors, the employer must describe the link between the applicant's criminal history and risks inherent in the job duties.
  • If the applicant provides additional information for the employer to consider, the form also includes a section for reassessment, which should be completed and provided to the applicant with the adverse action notice (if the employer moves forward with the adverse decision).

• Los Angeles County (unincorporated areas) – In addition to California, requires an Initial Individualized Assessment Form to be filled out and provided to the applicant with the pre-adverse action (preliminary determination) notice. The form can be found here.
  • The form shows the factors that employers must consider.
  • If the employer is considering rescinding an offer after considering these factors, the employer must describe the link between the applicant's criminal history and risks inherent in the job duties.
  • If the applicant provides additional information for the employer to consider, employers must provide the applicant with a Second Individualized Assessment Form, which should be completed and provided to the applicant with the adverse action (final determination) notice (if the employer moves forward with the adverse decision). The form can be found here. The adverse action (final determination) notice must advise applicants of their right to contest the decision by filing a complaint with the California Civil Rights Department and the Los Angeles County Department of Consumer and Business Affairs.

• San Diego County (unincorporated areas) – In addition to California, requires the pre-adverse action (preliminary determination) notice to advise applicants of the right to file a complaint with the California Civil Rights Department and the San Diego Office of Labor Standards and Enforcement.

• Georgia – In the adverse action notice, must advise that criminal history information was obtained from the Georgia Crime Information Center and identify the specific criminal history items that are disqualifying.

• Illinois – In the pre-adverse action notice, must identify specific criminal history items that are potentially disqualifying and the reasoning behind why the item(s) are substantially job related and/or present an unreasonable risk to property/safety/welfare of specific individuals or the general public. Must do the same in the adverse action notice. The adverse action notice must also advise of the right to file a complaint with the Illinois Department of Human Rights (for Chicago applicants, the Chicago Commission on Human Relations).

• Massachusetts – Must identify specific criminal history items in the pre-adverse action notice and include a copy of the criminal record information policy.

• Montgomery County (MD) – Must identify specific criminal history items in the pre-adverse action notice and the adverse action notice.

• New York State – Must include a copy of Article 23-A of the New York Correction Law.

• Prince George's County (MD) – Must identify specific criminal history items in the pre-adverse action notice and the adverse action notice.

• Philadelphia (PA) – Must identify specific criminal history items in the pre-adverse notice and adverse action notice. The adverse action notice also must include another copy of the criminal history report and a statement of the applicant's right to dispute the information within 10 business days. Please review here for additional information.

• Gainesville (FL) – Must identify specific criminal history items in the pre-adverse action notice and the adverse action notice. The adverse action notice also must include a city notice regarding the ordinance.

• Erie County (PA) – Must identify specific criminal history items in the pre-adverse notice and adverse action notice. The adverse action notice also must include another copy of the criminal history report and a statement of the applicant's right to dispute the information within 10 business days.

• Austin (TX) – Must identify specific criminal history items in the adverse action notice.

• Portland (OR) – Must identify specific criminal history items in the adverse action notice.

• Washington State — Statewide — Employers with 15 or more employees hiring in Washington must comply with HB 1747 (Chapter 71, 2025 Laws) beginning July 1, 2026. Employers with fewer than 15 employees must comply beginning January 1, 2027.

  • The pre-adverse action notice must identify the specific conviction record being considered. After sending the pre-adverse action notice, you must hold the position open for a minimum of two business days to allow the applicant to respond. Note that if you are combining the Washington pre-adverse notice with your FCRA pre-adverse notice, the FCRA's five-business-day safe harbor is the more protective standard and should be observed.

  • If the applicant responds, they may provide context, correct inaccuracies in the record, or submit information about rehabilitation, good conduct, work experience, education, or training. That dialogue occurs directly between you and the applicant.

  • The adverse action notice must be accompanied by a written decision that specifically documents: (1) the impact of the conviction on the position or business operations; (2) the nature and severity of the offense; (3) the time elapsed since the conviction; and (4) your consideration of any rehabilitation or mitigating information the applicant provided. This written decision may be incorporated into the adverse action letter itself, provided it substantively addresses each factor — a general statement that the conviction was "reviewed and found relevant" will not satisfy the requirement.

• Seattle (WA) — In addition to statewide requirements, Seattle's Fair Chance Employment Ordinance imposes additional obligations.
  • The pre-adverse action notice must identify the specific criminal history items that are potentially disqualifying.
  • The adverse action notice must also identify the specific criminal history items that are disqualifying.
  • Applicants have the right to appeal employment denials. The adverse action notice should inform applicants of this right.
  • Applicants must receive a copy of the background check report with the pre-adverse action notice.
  • Background checks in Seattle are restricted to specific positions — confirm with your legal counsel that the role you are hiring for is one for which a background check is permissible under Seattle's ordinance.

• Spokane, City of (WA) — In addition to statewide requirements, private employers in the City of Spokane may not conduct a background check or make any criminal inquiry until after an interview has been conducted or a conditional offer has been extended — whichever occurs first.
  • The pre-adverse action notice must identify the specific criminal history items that are potentially disqualifying.
  • The adverse action notice must also identify the specific criminal history items that are disqualifying.
  • Civil penalties apply for violations. Consult your legal counsel regarding the City of Spokane's enforcement process.

• Spokane County (WA) — Applies to public employers only. In addition to statewide requirements, criminal history checks must be delayed until the applicant is deemed otherwise qualified or the hiring process is otherwise complete.
  • Individualized assessment criteria consistent with EEOC guidance must be applied when evaluating conviction records. This includes considering the nature and gravity of the offense, the time elapsed since the offense or completion of the sentence, and the nature of the job sought.
  • The pre-adverse action notice must identify the specific criminal history items that are potentially disqualifying.
  • The adverse action notice must also identify the specific criminal history items that are disqualifying.

• Tacoma (WA) — Applies to public employers only. Requirements are the same as Spokane County: criminal history checks must be delayed until the applicant is deemed otherwise qualified or the hiring process is complete, and EEOC individualized assessment criteria must be applied.
  • The pre-adverse action notice must identify the specific criminal history items that are potentially disqualifying.
  • The adverse action notice must also identify the specific criminal history items that are disqualifying.

• Pierce County (WA) — Applies to public employers only. EEOC individualized assessment criteria are required when evaluating conviction records — the nature and gravity of the offense, the time elapsed, and the nature of the job must all be considered and documented.
  • The pre-adverse action notice must identify the specific criminal history items that are potentially disqualifying.
  • The adverse action notice must also identify the specific criminal history items that are disqualifying.

If you have any further questions, or need a product enabled on your account, please contact Verified First Client Services for assistance.

Call 844-709-2708 or email ClientServices@VerifiedFirst.com

This document is provided for general educational purposes only and does not constitute legal advice. Laws and regulations governing background screening and employment vary by jurisdiction and are subject to change. Verified First is a Consumer Reporting Agency under the FCRA. It is not your legal counsel. Please consult qualified legal counsel to ensure your employment screening program is compliant with all applicable federal, state, and local laws.