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What Is a 613 Letter? FCRA Notice Requirements Explained
Estimated reading time: 8 min
Key takeaways
- 613 letters are sent by the CRA when public-record information (e.g., convictions, liens) is furnished for employment — employers must still verify before adverse action.
- Timing matters: the Section 613 notice must be sent when the public-record information is reported to the employer and should include recipient name/address and CRA dispute instructions.
- Follow the adverse-action flow: verify accuracy, issue pre-adverse materials (report + Summary of Rights), wait a reasonable time, then issue a final adverse action if necessary.
- State/local rules can change use and timing: ban‑the‑box, seven‑year limits, and industry rules may restrict what you can use or when.
Quick answer: What a 613 letter is and why it matters for employers and applicants
A “613 letter” is the notice required by Section 613 of the Fair Credit Reporting Act (FCRA). Key fact: FCRA Section 613 mandates that a consumer reporting agency (CRA) must notify a consumer when public record information about them — for example, criminal convictions, tax liens, or civil judgments — is being reported to an employer and that information is likely to have an adverse effect on employment.
Who sends the 613 letter — CRA vs. employer: roles and responsibilities
CRAs must send the Section 613 notice when they report public record information to an employer. That is the statutory duty.
Employers still have critical obligations:
- Obtain a written disclosure and the applicant’s written consent before ordering a consumer report for employment purposes.
- Verify public record accuracy before taking adverse action.
- If planning adverse action, follow FCRA adverse action steps (pre-adverse and final adverse notices).
- Document receipt of the CRA’s 613 notice and all subsequent steps.
If your vendor sends the 613 notice on the CRA’s behalf, document the arrangement and keep copies. For a deeper look at the adverse action flow you must follow, see the Adverse action process for employers.
Exact timing and delivery requirements for the 613 notice
Timing: The CRA must send the Section 613 notice at the time the public record information is reported to the employer. Generate the notice concurrently with or immediately after furnishing the report.
Delivery methods:
- Paper mail is always acceptable.
- Electronic delivery is permissible if the consumer consents to electronic communications under the E-SIGN Act and FCRA procedures (clear consumer consent, ability to withdraw consent, etc.).
- Telephone-only notification is not sufficient by itself.
Practical workflow for HR:
- Order the background check.
- If the CRA finds public record information likely to adversely affect employment, expect the CRA to send the 613 notice to the candidate when the report is furnished.
- Flag reports containing public record entries so you can verify accuracy and follow adverse-action procedures if needed.
Most county criminal and civil record returns arrive in 1–5 business days. Don’t wait days to act on a report that already triggered a 613 notice.
What to include in a compliant 613 letter — required content and phrasing
Section 613 requires the notice to:
- Inform the consumer that public record information about them is being reported for employment purposes.
- Provide the name and address of the recipient of the information (the employer).
CRAs must also use procedures to ensure accuracy and completeness of public record information. That matters to employers because using inaccurate public record data can create FCRA liability and invite discrimination claims under EEOC guidance.
Expect model language consistent with CFPB and FTC guidance. Essential elements:
- A plain statement that public record information is being reported to a specific employer.
- The employer’s name and address.
- A brief statement that the consumer may dispute the accuracy of the information with the CRA.
Be specific. The notice should identify which public record (for example, “criminal conviction in Franklin County, OH, dated 03/15/2014”) and name the recipient.
Delivery examples and sample 613 letter (templates)
Two short, compliant examples — one for paper and one for electronic notification. Customize for company letterhead and state rules.
Paper sample (copy-ready): See the Quick reference section below for a ready-to-send version.
Electronic notification example (short):
Subject line: Notice — Public Record Information Reported to [Company Name]
Body: “This is notice that public record information concerning you (a criminal conviction dated 2026 in [county/state]) has been reported to [Company Name], [Company Address], by [CRA Name and Address]. If you believe this information is inaccurate, you may dispute it with [CRA Name] at [CRA phone] or [CRA URL].”
Notes on customization:
- If your state restricts reporting older convictions or has ban-the-box rules, modify timing and content accordingly (see State-level variations below).
- Put the CRA’s contact info and dispute instructions in every notice.
Employer obligations after public record info is reported — verification, adverse action steps, and documentation
Do not deny employment immediately on receipt of public record information. Follow this sequence:
1. Verify
Confirm with the CRA and, if needed, review county court records to ensure the entry is accurate, complete, and current. CRAs must use procedures to promote accuracy, but employers share the duty to confirm before acting.
2. Pre-adverse action
If you intend to take adverse action, provide the applicant with a pre-adverse action notice that includes a copy of the consumer report and the Summary of Rights. Allow a reasonable time for the applicant to review and dispute (industry practice typically 3–5 business days).
3. Final adverse action
After the waiting period (and any disputes resolved), provide a final adverse action notice including the specific reason(s), the CRA’s name and address, and a statement of the consumer’s rights to obtain a free copy of the report and dispute inaccuracies.
Recordkeeping: Retain copies of the CRA report, the 613 notice received, signed consent, pre-adverse/final adverse notices, and any dispute correspondence for a minimum period consistent with company policy and state law. Also review your vendor’s procedures — accuracy matters. See Why accuracy matters in background checks.
State-level variations and special rules that affect 613 letters
State and local laws can change what you can report or when you can ask about criminal history.
- Ban-the-Box/local delays: Some states and cities prohibit asking about criminal history on job applications or require delays until a conditional offer is made. That changes when you can run a report and when a 613 notice might be sent.
- Seven-year limits: Several jurisdictions limit the reporting or use of criminal records older than seven years for employment. Check state law before acting on older records.
- Additional disclosure requirements: Some states require extra language or notices when using consumer reports for employment.
Before relying on a 613 notice or acting on a public record report, check your state and local rules. Add a state-law review to your HR checklist for any hiring that may involve criminal history.
Industry-specific rules and exemptions to watch for
Certain industries and government agencies have special rules:
- DOT (transportation): DOT-regulated positions require specific driver history and drug testing rules, with additional reporting and retention obligations.
- Healthcare: Licensing boards and state laws may require more detailed checks and have mandatory reporting obligations for certain convictions.
- Government agencies: FCRA Section 613 contains narrow exemptions for certain government agencies under specific conditions; that is not a general employer exemption.
If you hire for regulated roles, your screening vendor should distinguish which rules apply. When in doubt, consult counsel.
Penalties, consumer rights, and dispute processes
Consequences for non-compliance can be severe:
- Consumers may sue for statutory and actual damages; for willful violations, statutory damages can be awarded and courts may award punitive damages, injunctive relief, and attorneys’ fees.
- Regulatory enforcement can follow from the FTC, CFPB, or state attorneys general.
- Consumers have the right to dispute inaccurate or incomplete information with the CRA; CRAs must investigate and correct errors.
Act quickly if a dispute reveals an error: correct the record, notify downstream users, and document your steps to reduce exposure.
Practical compliance checklist for HR and sample workflow
Use this checklist every time you run a background check that may include public records:
- Obtain written disclosure and signed consent before ordering a report.
- Order the report through a compliant CRA or screening vendor.
- If the CRA furnishes public record info, confirm that the CRA has sent the Section 613 notice to the consumer at the time of reporting.
- Verify the public record’s accuracy and currency.
- If considering adverse action, send a pre-adverse action notice with the report and Summary of Rights; allow reasonable time for dispute.
- If still taking adverse action, send a final adverse action notice with CRA contact info and reason(s).
- Retain copies of all documents and communications.
Step sequence (what to do when public-record info appears):
- Flag the report.
- Verify the record (check county court records).
- Confirm the 613 notice was sent by the CRA.
- If adverse action is likely, issue pre-adverse materials and wait a reasonable time.
- Issue final adverse action if the decision stands.
- Document everything.
Follow state law and your documented internal policy at every step. For an employer-level overview of FCRA obligations, see FCRA background check requirements for employers.
When to get outside help — using background screening providers and legal counsel
Use a professional CRA or screening provider because they:
- Maintain procedures required by FCRA for accuracy and completeness.
- Send required notices (including Section 613) when appropriate.
- Provide model disclosures and support for adverse action workflows.
Call employment counsel when:
- You handle regulated hires (DOT, healthcare, government).
- You face a dispute that suggests a pattern of inaccuracy.
- You have cross-border or multi-state hiring where local ordinances complicate timing or content.
A good screening partner reduces risk, speeds hiring, and provides defensible documentation.
Quick reference: sample 613 letter & pre-adverse/adverse action templates (copy-ready)
Copy-ready 613 letter (paper/e-mail):
[Date] [Consumer name and address] Re: Notification of public record information furnished to [Employer name] This notice is provided under Section 613 of the Fair Credit Reporting Act (15 U.S.C. §1681k). Public record information concerning you has been reported for employment purposes to [Employer name], [Employer address]. The information reported consists of: [brief description, e.g., "criminal conviction - County, State; date"]. If you believe this information is inaccurate or incomplete, you may dispute it with [CRA name], [CRA address], [CRA phone], [CRA website]. [CRA name] is required to investigate disputes and correct any verified errors. Sincerely, [CRA name or authorized sender]
Pre-adverse action notice (copy-ready):
[Date] [Applicant name and address] [Company name] may take an adverse employment action based on information in a consumer report we obtained from [CRA name]. Enclosed is a copy of the report and the “A Summary of Your Rights Under the Fair Credit Reporting Act.” You have the right to dispute the accuracy or completeness of this report with [CRA name] at [CRA phone] or [CRA website]. Please notify us if you dispute the report and provide any supporting documents within a reasonable time.
Final adverse action notice (copy-ready):
[Date] [Applicant name and address] This letter is to inform you that [Company name] has decided not to hire you based in whole or in part on information contained in a consumer report prepared by [CRA name], [CRA address], [CRA phone], [CRA website]. The specific reasons include: [list reasons]. You have the right to obtain a free copy of your report from the CRA within 60 days and to dispute the accuracy or completeness of the report with the CRA. Sincerely, [Company Representative]
FAQ
What is a 613 letter in employment background checks?
A 613 letter is the notification required by FCRA Section 613. It tells a consumer that public record information about them — such as criminal records or civil judgments — has been reported to an employer. The CRA furnishing the information is responsible for sending it.
When should a 613 letter be sent to a job applicant?
The CRA must send the 613 notice at the time the public record information is reported to the employer. In practice, that should be simultaneous with the CRA furnishing the report to your HR team.
What information must be included in a 613 letter?
At minimum, the notice must state that public record information about the consumer is being reported for employment purposes and provide the name and address of the recipient (the employer). It should also include CRA contact and dispute instructions.
Are there state-specific requirements for issuing a 613 letter?
Yes. State and local laws (ban-the-box ordinances, seven‑year reporting limits, and other consumer protections) can restrict when and how criminal history is used. Always check the applicable state/local rules before acting on public record information.
What are the penalties for not complying with FCRA Section 613?
Non-compliance exposes you to consumer lawsuits for statutory and actual damages, potential punitive damages for willful violations, injunctive relief, and attorney’s fees. Regulatory enforcement by the FTC, CFPB, or state attorneys general is also possible.
Closing summary: key takeaways and next steps for HR teams
Actionable steps:
- Review your vendor processes to confirm CRAs send Section 613 notices when they report public records.
- Update and store copy-ready 613, pre-adverse, and final adverse templates.
- Train HR on state ban‑the‑box and seven‑year limits before acting on public records.
- Document every step: consent, vendor report, 613 notice, verification, adverse action notices.
- Consult employment counsel for regulated hires or when accuracy disputes arise.
If you want a partner who provides compliant public‑record reporting, model notices, and help with adverse-action workflows, Express Background Checks can help you set up defensible processes and accurate, timely screening. For more on adverse action steps, see the Adverse action process for employers.
Remember: it’s the CRA’s job to notify, but it’s your job to verify, document, and follow the adverse-action rules before you change a hiring decision.
