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1 Ac c ur a t e Ba c k gr ound APICompl i a nc egui de

2 Table of Contents Getting Started... 3 Initial Account Setup... 3 Accurate API Documentation... 3 Workflows Available... 3 Express Workflow:... 3 Interactive Workflow:... 4 Compliance Steps Required to Use Express Workflow... 4 Step 1: Electronic Consent... 4 Sample Language... 4 Step 2: Disclosure Consumer Report... 6 Sample Language... 6 Step 3: Disclosure Investigative Consumer Report (Conditional, see conditions listed)... 7 Sample Language... 7 Step 4: California Notice English/Spanish (Conditional, see Audience and Conditions listed below)... 7 Sample Language... 8 Step 5: California Credit Notice (Conditional, see Audience and Conditions listed below)... 9 Sample Language Step 6: Consumer Financial Protection Bureau (CFPB) Summary of Rights (Required) Step 7: New York Article 23-A (Conditional, see conditions listed) Step 8: New York City Credit Notice (Conditional, see Audience and Conditions listed below) Sample Language Step 9: San Francisco Fair Chance Notice (Conditional, see Audience and Conditions listed below) Required Languages Step 10: Vermont Credit Notice (Conditional, see Audience and Conditions listed below) Sample Language Step 11: Authorization Sample Language Additional Steps when a Background Check Completes Copy of Report Requests from Candidate Additional Location-Based Notices Steps Required When Your Organization Fails a Candidate Step 1: Send the Pre-Adverse Action Notification Sample Language Step 2: Send the Adverse Action Notification Sample Language Previous Conviction Question

3 Getting Started Initial Account Setup Visit the Accurate Background Developer Portal at to create a developer account and get API credentials. It s free, fast and very easy. Enter your address (for verification) and a password and click on the Submit button. Check your for the verification link. Once you have verified your address, you can log in to the Developer Portal and see your API credentials, which are an HTTP Basic Authentication pair named ClientID and ClientSecret. You can also use the Quick Start guide to set up a company, receive your test authorization credentials and begin making API calls! There are no fees for using the account in test mode. Once you are ready to go live, you can add a credit card for automatic payment through the developer portal. Accurate API Documentation Take a moment to review the Accurate API Documentation. The documentation will provide all of the information required to begin working with our API and implementing the backend of the background check integration. Workflows Available The use of background checks as part of your onboarding process does come with additional regulatory requirements under Federal, State, and local laws. While the most notable is the Federal Fair Credit Reporting Act (FCRA), there are several states that have added rules into the mix. If you are using background checks outside of the United States that adds a global level of rules as well. For the purposes of this compliance guide, we have focused on the regulations in the United States. One of the first decisions you have to make is whether or not you want to collect all of the required candidate information, present disclosures based on location and rules for signature from the candidate, authorization from the candidate, and the list goes on. This guide is meant to help you understand what is required based on the workflow you opt to leverage. Express Workflow: Express (One-Pass) implies your organization is collecting all information required for the background check from the individual including: Collecting Electronic Consent from the individual Collecting a signature on the Disclosure Form (MUST be on its own standalone page and requires strict adherence to the Federal Fair Credit Reporting Act) Collecting a signature on the Authorization Form 3

4 Providing the Federal and appropriate state notices to the individual (ex. FCRA Summary of Rights) Personal Information (SSN, date of birth, current address, full name, , phone) The candidate s answer to whether or not they want a copy of the report as required in certain states (CA, MN, OK) or asking the question in all states There may be other fields required based on the background check products you are ordering. Please reference the field level requirements outlined for the available products in the API Documentation. Benefit: Faster Turnaround as requests begin processing immediately. Consideration: Rules are constantly changing so your organization will need to be able to update forms and workflow as regulations are modified and new ones are introduced. Interactive Workflow: Interactive (Two-Pass) implies you are sending us the individual s first name, last name and , and we are triggering an to the candidate asking them to log into our portal and complete the rest of the information (Electronic Consent, D&A with Summary of Rights, SSN, DOB, Driver s License Number, etc.). Benefit: Accurate Background captures consent in the appropriate workflow steps. Consideration: Slower turnaround time as requests begin after the candidate provides additional information to Accurate Background in the candidate experience workflow. Compliance Steps Required to Use Express Workflow Disclaimer: Nothing in this Guide should be construed as legal advice, guidance or counsel. Organizations should consult their own attorney about their compliance responsibilities under the FCRA and applicable state law. Accurate Background LLC., expressly disclaims any warranties or responsibility or damages associated with or arising out of information provided. Organizations seeking credit reports must provide additional notices pursuant to state law. Step 1: Electronic Consent Audience: All candidates Condition: If not signed, background check will not be processed until your organization can capture a physically signed Disclosure Form and Authorization Form, at which time your organization will be responsible for providing the necessary information as noted in the Express Workflow. Sample Language CONSENT FOR ELECTRONIC SIGNATURE AND DELIVERY You have been authorized to complete online background check screening documents in connection with your interest in an employment/assignment opportunity. During this process, you will be asked to 4

5 "sign" one or more of the online documents with an electronic signature. Please read the following carefully regarding the electronic signature process for the documents you will sign throughout this process. You are the only person permitted to electronically sign the specified document(s); you may not delegate this responsibility to another person. If you agree to the terms stated in the documents, and consent to electronically receiving these documents, submitting them electronically, and authorizing your electronic signature, please sign the document(s) by entering your name as it appears and click the Continue button appearing at the bottom of the document to proceed to the next screen. Your electronic signature will be dated as of the time when you click the Continue button. Your electronic signatures will be binding as your physical signature with the same legal effect as your handwritten signature on paper. If you have questions or concerns relating to the electronic receipt or signature of the documents, please contact Accurate Background, LLC. at If you do not agree to the terms of the documents or for other reasons do not want to continue pursuing the employment/assignment opportunity, click the "Disagree and Cancel Background Check" button. You may contact the employer/potential employer for further instruction on conducting your background check if you choose not to consent to the use of electronic signature or would like to withdraw your consent. Any withdrawal of consent will be effective as of the date it is received. If you want to make changes in information you provided, click the back button / arrow on your browser. Once all of the documents have been completed and signed, you may also view, download or print the complete, signed documents by clicking the "Download PDF" link that appears on your screen. See below for the hardware/software requirements needed to access and retain the electronic records related to your application, including the documents you are asked to sign. You may also contact Accurate Background using any of the contact methods provided below. Hardware and Software Requirements You must have, at your cost: A computer with Microsoft Windows Windows 7 Operating System, or Apple Mac OS X v10.x Operating System. Internet Explorer 10+, Mozilla Firefox 44+, Apple Safari 7+, ios9+, Android 5+ or Google Chrome internet browser with 128-bit SSL encryption; JavaScript and cookies enabled. Internet access and connectivity. A valid operating address. Adobe Reader software to access and view documents provided to you in PDF format. Sufficient memory and drive space capacity to download and save PDF documents. If at any point you would like to request a free paper copy of the documents you electronically signed on this website or if you would like to update the contact information needed to communicate with you electronically, please contact: Accurate Background, LLC Irvine Center Drive 5

6 Irvine, CA Phone: Please click the I agree and continue button if you consent to provide an electronic signature rather than a handwritten signature in connection with your background check and whenever you sign documents on this website. In addition, by clicking the I agree and continue button, you consent to the electronic delivery of documents, including but not limited to, legal notices required by applicable law, including the Fair Credit Reporting Act (FCRA), other communications, and/or a copy of your consumer report or investigative consumer report if requested. Step 2: Disclosure Consumer Report Audience: All candidates Condition: o If not signed, background check will not be processed o Link to Disclosure attached as PDF must be provided to candidate prior to background check o Must be on its own standalone page and requires strict adherence to the Federal Fair Credit Reporting Act o Must mention your organization by name (see highlight) o Must mention credit if in the package OR must not mention credit if not in the package (see highlights) Sample Language DISCLOSURE FOR CONSUMER REPORT Organization ( the Company ) may obtain information about you from a third party consumer reporting agency in connection with your employment or application for employment (including independent contractor or volunteer assignments, as applicable). Thus, you may be the subject of a consumer report which may include information about your character, general reputation, personal characteristics, and/or mode of living. These reports may contain information regarding your credit history, criminal history, social security verification, motor vehicle records ( driving records ), verification of your education or employment history, or other background checks. Credit history will only be requested where such information is substantially related to the duties and responsibilities of the position for which you are applying. You have the right, upon written request made within a reasonable time, to request whether a consumer report has been run about you and to request a copy of your report. The scope of this disclosure is all-encompassing, however, allowing the Company to obtain from any outside organization all manner of consumer reports throughout the course of your engagement to the extent permitted by law. These searches will be conducted by Accurate Background LLC., 7515 Irvine Center Dr., Irvine, CA 92618, , 6

7 Signature: Date: [End of Document] p. 1 of 1 Step 3: Disclosure Investigative Consumer Report (Conditional, see conditions listed) Condition: o If not signed, background check will not be processed o Must be provided if Accurate Background is interviewing former employers, colleagues for professional or personal references or conducting employment verifications o Must be on its own standalone page and requires strict adherence to the Federal Fair Credit Reporting Act o Must mention your organization by name (see highlight) Sample Language DISCLOSURE FOR INVESTIGATIVE CONSUMER REPORT Organization ( the Company ) may request an investigative consumer report about you from a third party consumer reporting agency, in connection with your employment or application for employment (including independent contractor or volunteer assignments, as applicable). An investigative consumer report is a background report that includes information from personal interviews (except in California, where that term includes background reports with or without information obtained from personal interviews). The most common form of an investigative consumer report in connection with your employment is a reference check through personal interviews with sources such as your former employers and associates, and other information sources. The investigative consumer report may contain information concerning your character, general reputation, personal characteristics, or mode of living. You may request more information about the nature and scope of an investigative consumer report, if any, by contacting the Company. These reports will be obtained by Accurate Background LLC., 7515 Irvine Center Dr., Irvine, CA 92618, , Signature: Date: Step 4: California Notice English/Spanish (Conditional, see Audience and Conditions listed below) Audience: Candidates who currently live and/or will be working in (or working for an organization in) California Conditions: o Must be provided in English and Spanish any time we run a background check on candidate who lives and/or works in California, or any time we provide a copy of a report for someone who lives and/or position in California o Must include checkbox for candidate to request a copy of report 7

8 Sample Language NOTICE REGARDING BACKGROUND CHECKS PER CALIFORNIA LAW Under California Civil Code section , you are entitled to find out what is in the Investigative Consumer Reporting Agency s (ICRA) file on you with proper identification, as follows: * In person, by visual inspection of your file during normal business hours and on reasonable notice. You also may request a copy of the information in person. The ICRA may not charge you more than the actual copying costs for providing you with a copy of your file. * A summary of all information contained in the ICRA s file on you that is required to be provided by the California Civil Code will be provided to you via telephone, if you have made a written request, with proper identification, for telephone disclosure, and the toll charge, if any, for the telephone call is prepaid by or charged directly to you. * By requesting a copy be sent to a specified addressee by certified mail. ICRAs complying with requests for certified mailings shall not be liable for disclosures to third parties caused by mishandling of mail after such mailings leave the ICRAs. Proper Identification includes documents such as a valid driver s license, social security account number, military identification card, and credit cards. Only if you cannot identify yourself with such information may the ICRA require additional information concerning your employment and personal or family history in order to verify your identity. The ICRA will provide trained personnel to explain any information furnished to you and will provide a written explanation of any coded information contained in files maintained on you. This written explanation will be provided whenever a file is provided to you for visual inspection. You may be accompanied by one other person of your choosing, who must furnish reasonable identification. An ICRA may require you to furnish a written statement granting permission to the ICRA to discuss your file in such person s presence. Please check this box if you would like to receive a copy of an investigative consumer report or consumer credit report at no charge if one is obtained by the Company whenever you have a right to receive such a copy under California law. I acknowledge receipt of this Notice Regarding Background checks Per California Law and certify that I have read and understand this document. AVISO SOBRE REVISIONES DE ANTECEDENTES SEGÚN LA LEY DE CALIFORNIA Según la sección del Código Civil de California, usted tiene derecho a averiguar el contenido sobre usted en el archivo de la agencia de informes investigativos del consumidor (ICRA) con la presentación de la identificación correspondiente, de las siguientes maneras: * En persona, mediante inspección visual de su archivo durante el horario normal de oficina y con aviso oportuno. También puede solicitar una copia de la información en persona. Es posible 8

9 que la ICRA no le cobre una cuota mayor a los costos reales de copiado por proporcionarle una copia de su archivo. * El resumen de toda la información incluida en el archivo de la ICRA sobre usted que se le deba entregar conforme al Código Civil de California se le proporcionará por teléfono, si presentó una solicitud por escrito, con la identificación correspondiente; usted deberá prepagar o se le cobrarán directamente a usted el cargo de la divulgación telefónica y el cargo de larga distancia, si corresponde, para la llamada telefónica. * Solicitar que se le envíe una copia a un destinatario especificado por correo postal certificado. El hecho de que la ICRA cumpla con las solicitudes de envío por correo certificado no lo responsabiliza de las divulgaciones realizadas a terceros causadas por el mal manejo de correo postal, una vez que estos envíos salen de dicha ICRA. La identificación correspondiente incluye documentos como licencia de conducir válida, número de cuenta del Seguro Social, tarjeta de identificación militar y tarjetas de crédito. Solo si usted no puede identificarse mediante dicha información, la ICRA podrá solicitar información adicional sobre sus antecedentes laborales, personales o familiares a fin de verificar su identidad. La ICRA contará con personal capacitado para explicar la información que se le proporcione y le entregará una explicación escrita de la información codificada que se incluye en los archivos que se mantienen sobre su persona. Se proporcionará esta explicación escrita siempre que se le entregue un archivo para su inspección visual. Puede estar acompañado por una persona de su elección, quien debe proporcionar identificación satisfactoria. La ICRA puede pedirle a usted que presente una declaración escrita para otorgarle permiso a la ICRA para analizar su archivo ante la presencia de dicha persona. Marque esta casilla si desea recibir una copia de un informe investigativo del consumidor o de un informe de crédito del consumidor sin costo alguno, si la empresa obtiene uno, siempre que usted tenga derecho a recibir esta copia conforme a la ley de California. Acuso recibo de este "Aviso sobre revisiones de antecedentes según la ley de California", y certifico que he leído y comprendo este documento. Step 5: California Credit Notice (Conditional, see Audience and Conditions listed below) Audience: Candidates who currently live and/or will be working in (or working for an organization in) California AND a Credit Report is part of the background check Conditions: o Must mention your organization by name (see highlight) o At least one checkbox must be checked by the client on the form below before a credit report is run. o If candidate does not acknowledge, credit report should not be run. 9

10 Sample Language NOTICE REGARDING CREDIT CHECKS PER CALIFORNIA LAW Organization ( the Company ) intends to obtain information about you for employment screening purposes from a consumer reporting agency. Thus, you can expect to be the subject of investigative consumer reports and consumer credit reports obtained for employment purposes. Such reports may include information about your character, general reputation, personal characteristics and mode of living. With respect to any investigative consumer report from an investigative consumer reporting agency ( ICRA ), the Company may investigate the information contained in your employment application and other background information about you, including but not limited to obtaining a criminal record report, verifying references, work history, your social security number, your educational achievements, licensure, and certifications, your driving record, and other information about you, and interviewing people who are knowledgeable about you. The results of this report may be used as a factor in making employment decisions. The source of any investigative consumer report (as that term is defined under California law) will be Accurate Background LLC., 7515 Irvine Center Dr., Irvine, CA 92618, , The Company agrees to provide you with a copy of an investigative consumer report when required to do so under California law. Notice Regarding Credit Checks: Pursuant to Section of the California Labor Code, the Company informs you that it may obtain a credit report about you from the above named entity, because you are seeking to work in the following position: [_] An employee covered by the executive exemption set forth in subparagraph (1) of paragraph (A) of Section 1 of Wage Order 4 of the Industrial Welfare Commission; [_] A position in the state Department of Justice; [_] A sworn peace officer or other law enforcement; [_] A position for which the information contained in the report is required by law to be disclosed or obtained; [_] A position that involves regular access to specified personal information for any purpose other than the routine solicitation and processing of credit card applications in a retail establishment, such as bank or credit card account information, social security number, or date of birth; [_] A position which the person can enter into financial transactions on behalf of the Company; [_] A position that involves access to confidential or proprietary information; [_] A position that involves regular access to $10,000 or more of cash; or [_] The Company will not obtain a consumer credit report on you. 10

11 I acknowledge receipt of this Notice Regarding Credit Checks per California Law and certify that I have read and understand this document. Step 6: Consumer Financial Protection Bureau (CFPB) Summary of Rights (Required) Audience: All candidates Conditions: o Must be provided any time a background check is requested or a copy of the report is provided o Recommended to include checkbox for candidate to acknowledge receipt of document. - Sample language could include: I acknowledge receipt of this Summary of Your Rights Under the Fair Credit Reporting Act and certify that I have read and understand this document. o Link to the current Summary of Rights language under Federal Law - Rights-under-the-Fair-Credit-Reporting-Act.pdf - Note, the language in this document should be presented in its entirety and not as a link. Step 7: New York Article 23-A (Conditional, see conditions listed) Audience: Candidates who currently live and/or will be working in (or working for an organization in) New York Conditions: o Must be provided any time we run a background check on candidate who lives and/or works in New York or provide a copy of a report to someone who lives and/or works and/or public record information is reported in New York o Recommended to include checkbox for candidate to acknowledge receipt of document. - Sample language could include: I acknowledge receipt of the New York Correction Law Article 23-A and certify that I have read and understand this document. o Link to the current New York Article 23-A A-1.pdf - Note, the language in this document should be presented in its entirety and not as a link. Step 8: New York City Credit Notice (Conditional, see Audience and Conditions listed below) Audience: Candidates who currently live and/or will be working in (or working for an organization in) New York City AND a Credit Report is part of the background check Conditions: o Must mention your organization by name (see highlight) o Applicable checkbox(es) [at least one] must be checked by the client as highlighted below before a credit report is run. o If candidate does not acknowledge, credit report should not be run. 11

12 Sample Language NOTICE REGARDING CREDIT CHECKS PER CITY OF NEW YORK LAW In conjunction with my application for employment with Organization ( the Company ), I understand that the Company intends to obtain information for employment screening purposes from a consumer reporting agency (CRA). I understand that a consumer report may be obtained from the following CRA: Accurate Background LLC., 7515 Irvine Center Dr., Irvine, CA 92618, , A copy of their privacy policy may be requested. Pursuant to the City of New York Administrative Code Section 8-102, Subdivision 29, the Company informs you that it may obtain a credit report about you from the above named CRA because you are seeking employment in the following position(s), or for the following reason(s): A position with (i) signatory authority over third party funds or assets valued at $10,000 or more, or (ii) fiduciary responsibility to the employer and authority to enter into financial agreements valued at $10,000 or more on behalf of the employer; A position with regular duties allowing an employee to modify digital security systems designed to prevent the unauthorized use of the employer s or client s networks or databases; A non-clerical position with regular access to trade secrets or national security/intelligence information; The employer is required to use an individual s consumer credit history for employment purposes under state or federal law/regulations or by a self-regulatory organization (as defined by the Securities Exchange Act of 1934); A position as a police officer or peace officer, or various positions with a law enforcement or investigative function at the Department of Investigation or subject to background investigation by the Department of Investigation; A position requiring bonding under federal, state, or city law (e.g., certain positions in finance); A position requiring security clearance under federal or any state law. OR The Company will not obtain a credit report on you. I acknowledge receipt of the Notice Regarding Credit Checks Per New York City Law and A Summary of Your Rights Under the Fair Credit Reporting Act and certify that I have read and understand these documents. I hereby authorize [Organization] to obtain a credit report from the above named CRA, Accurate Background LLC. I further acknowledge that a copy,.pdf or facsimile of this authorization may be accepted with the same authority as the original. 12

13 Printed Name Today s Date Signature Step 9: San Francisco Fair Chance Notice (Conditional, see Audience and Conditions listed below) Audience: Candidates who currently live and/or will be working in (or working for an organization in) San Francisco Conditions: o Must provide in all languages (English / Spanish / Chinese / Tagalog) and as required by the San Francisco Office of Labor Standards Enforcement o Must be posted at workplaces and job sites, and sent to applicable labor unions, in accordance with the law o Recommended to include checkbox for candidate to acknowledge receipt of document. - Sample language could include: I acknowledge receipt of the Notice to Job Applicants and Employers under the San Francisco Fair Chance Ordinance and certify that I have read and understand this document. Required Languages o English - Art%20%2049%20Official%20Notice%20Final% pdf o Spanish - Art%20%2049%20Official%20Notice%20Final%20Spanish%20New%20%282% pdf o Chinese - Art%2049%20Official%20Notice%20Final%20Chinese%20%282%29% pdf o Tagalog - Art%20%2049%20Official%20Notice%20Final_Tagalog_addl% pdf Step 10: Vermont Credit Notice (Conditional, see Audience and Conditions listed below) Audience: Candidates who currently live and/or will be working in (or working for an organization in) Vermont AND a Credit Report is part of the background check Conditions: o Must mention your organization by name (see highlight) o At least one checkbox must be checked on the form below by the client before a credit report is run. o If the candidate does not acknowledge the receipt of this form and that they have read it and understand, a credit report cannot be run. Sample Language NOTICE REGARDING CREDIT CHECKS PER VERMONT LAW 13

14 Pursuant to Vermont Act No. 154 (S. 95), Organization ( the Company ) informs you that it may obtain a credit report about you, for the following reason(s): [_]The information is required by state or federal law or regulation; [_]You seek to be/are employed in a position that involves access to confidential financial information (defined as sensitive financial information of commercial value that a customer or client of the employer gives explicit authorization for the employer to obtain, process, and store and that the employer entrusts only to managers or employees as a necessary function of their job duties ); [_]The Company is a financial institution as defined in 8 V.S.A (32) or a credit union as defined in 8 V.S.A (5); [_]You seek to be/are employed in a position as a law enforcement officer, emergency medical personnel or firefighter as these terms are respectively defines in 20 V.S.A. 2358, 24 V.S.A. 2651(6) and 20 V.S.A. 3151(3); [_]You seek to be/are employed in a position that requires a financial fiduciary responsibility to the Company or a Company s clients, including the authority to issue payments, collect debts, transfer money or enter into contracts; [_]You seek to be/are employed in a position that involves access to the Company s payroll information; [_]The Company can demonstrate that credit information is a valid and reliable predictor of employee performance in the your specific position of employment; [_]The Company will not obtain a consumer credit report on you. I acknowledge receipt of this Notice Regarding Credit Checks Per Vermont Law and certify that I have read and understand this document. Step 11: Authorization Audience: All candidates Condition: o If not signed, background check will not be processed o Must be on its own standalone page and requires strict adherence to the Federal Fair Credit Reporting Act o Must mention your organization by name (see highlight) o Must include checkbox for candidate to request a copy of report in MN and OK (CA is already included on California Notice ) Sample Language ACKNOWLEDGMENT AND AUTHORIZATION FOR CONSUMER REPORT 14

15 I acknowledge receipt of the separate documents entitled DISCLOSURE FOR CONSUMER REPORT and A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT and certify that I have read and understand both of those documents. I hereby authorize the obtaining of consumer reports and/or investigative consumer reports by Organization ( the Company ) at any time after receipt of this authorization and throughout my employment, if applicable. To this end, I hereby authorize, without reservation, any law enforcement agency, administrator, state or federal agency, institution, school or university (public or private), information service bureau, employer, or insurance company to furnish any and all background information requested by Accurate Background LLC., 7515 Irvine Center Dr., Irvine, CA 92618, , and/or Organization. The scope of this authorization is all-encompassing allowing the Company to obtain from any outside organization all manner of consumer reports throughout the course of my employment to the extent permitted by law. I understand that my signature now and throughout this process will be binding. Additionally, notices, documents, and communications may be provided electronically and will meet the requirements set forth under Federal and/or State law, as permitted by law. I agree that a facsimile ( fax ), electronic or photographic copy of this Authorization shall be as valid as the original. Minnesota and Oklahoma applicants only: Please check one of the boxes below to indicate if you would like to receive a free copy of your consumer report if one is obtained by the Company. Yes me a copy as soon as the report is ready. Yes Hardcopy report via US mail. Please allow extra time for delivery from the US Postal Service. No New York applicants only: Upon request, you will be informed whether or not a consumer report was requested by the Company, and if such report was requested, informed of the name and address of the consumer reporting agency that furnished the report. You have the right to inspect and receive a copy of any investigative consumer report requested by the Company by contacting the consumer reporting agency identified above directly. By signing below, you acknowledge receipt of Article 23-A of the New York Correction Law. New York City applicants only: By signing this form, you further authorize the Company to provide you with a copy of your consumer report, the New York City Fair Chance Act Notice form, and any other documents, to the extent required by law, at the mailing address and/or address you provide to the Company. Oregon applicants or employees only: Information describing your rights under federal and Oregon law regarding consumer identity theft protection, the storage and disposal of your credit information, and remedies available should you suspect or find that the Company has not maintained secured records is available to you upon request. Washington State applicants only: You also have the right to request from the consumer reporting agency a written summary of your rights and remedies under the Washington Fair Credit Reporting Act. By signing below, I acknowledge receipt of this Acknowledgment and Authorization for Consumer Report and certify that I have read and understand this document. 15

16 Signature: Date: Additional Steps when a Background Check Completes These steps are required regardless of the workflow you utilize (Express or Interactive). Accurate Background can assist with sending copies of reports on your organization s behalf as well if you send us a value of true in the copyofreport parameter in the Create Order API call. Copy of Report Requests from Candidate Audience: Depends on location o Required you provide a checkbox with the option to request a copy of the report in California, Minnesota, and Oklahoma but it is recommended to ask the candidate regardless of state if they want a copy of the report after it completes. Along with a copy of the report, you must include: CFPB Summary of Rights (provided in Step 6 above) California Notice if the candidate lives and/or works in California (provided in Step 4 above) New York Article 23-A if the candidate lives and/or works in New York (provided in Step 7 above) Additional attachments that may be required by your organization o Required in Connecticut if any public record information is reported, and candidate lives and/or position is in Connecticut and/or public record is in Connecticut. Includes a copy of the report. o Required in New York to send a copy of the report and the Article 23-A if: There is a public record found in New York There is a public record anywhere and the position is in New York There is a public record anywhere and the residence is in New York Your organization is located in New York Additional Location-Based Notices Audience: Depends on location o In Massachusetts, if the candidate lives AND/OR will work in MA AND/OR a record is found in MA, the candidate must receive: Document titled Massachusetts Correcting a Criminal Record Visit this website for a list of forms and model policies. Your Organization s Criminal History Policy Note, due to the nature of this notice, Accurate Background is unable to support this on our client s behalf. Steps Required When Your Organization Fails a Candidate These steps are required regardless of the workflow you utilize (Express or Interactive). Accurate Background can assist with administering these steps at an additional cost if you are using our custom scoring and have provided us with your legal team s approved custom language (exceptions are steps 2e 16

17 through 2i). For more information on this additional service, please contact us at Condition: You may fail the candidate based in part or in whole on the results of the background check. Step 1: Send the Pre-Adverse Action Notification 1. Sample language provided below and highlighted portions needed to be customized or edited depending on location or instruction provided 2. Must be accompanied by the following: a. A copy of the background check report. b. CFPB Summary of Rights (provided in Step 6 above) c. California Notice if the candidate lives and/or job position is in California (provided in Step 4 above) d. New York Article 23-A if the individual lives and/or works in NY (provided in Step 7 above) e. Massachusetts document titled Massachusetts Correcting a Criminal Record - If the record is in MA or the candidate lives and/or works in MA f. Massachusetts - Your Organization s Criminal History Policy If the record is in MA or the candidate lives and/or works in MA g. Washington Summary of Rights if the person lives and/or works in Washington h. New Jersey Summary of Rights if the person lives and/or works in New Jersey i. A New York City Fair Chance Act Form completed by you if there is a criminal record and the candidate lives and/or works in New York City Sample Language SAMPLE PRE-ADVERSE ACTION NOTICE Date NAME ADDRESS CITY, ST ZIP Dear : You recently authorized [Employer] ( the Company ) to obtain consumer reports and/or investigative consumer reports about you from a consumer reporting agency. The Company is considering taking action in whole or in part based on information in such report(s), including the following specific items identified in the report: [Identify specific Items.] 17

18 Enclosed please find (1) a copy of the report we obtained from Accurate Background LLC., 7515 Irvine Center Dr., Irvine, CA 92618, , (2) A Summary of Your Rights Under the Fair Credit Reporting Act, and if applicable, (3) California Notice , (4) Article 23- A of the New York Correction Law, (5) A Summary of Your Rights Under New Jersey Law, (6) A Summary of Your Rights Under Washington Law, and (7) a copy of the Company s Background Check Policy (MA only) and Information Concerning the Process for Correcting a Criminal Record in Massachusetts. If you are a New York City resident or applying to a position in New York City, additionally enclosed is a copy of the New York City Fair Chance Act Notice form. If you wish to dispute the accuracy of the information in the report directly with the consumer reporting agency (i.e., the source of the information contained in the report), you should contact the agency identified above directly. We will evaluate the information in your report on an individualized case-by-case basis in accordance with the law and EEOC guidance. If you believe that there is additional information that may help us better evaluate your fitness for this position, please contact us immediately by calling. If we do not hear from you within [5 [7]] days, we will make our hiring determination based on the information currently available to us. In the event that an adverse employment action is taken based upon information contained in the preemployment background screen, [Employer] will provide you notice of such action. Sincerely, [Employer] Enclosures: Consumer Report A Summary of Your Rights Under the FCRA California Notice Article 23-A of the New York Correction Law A Summary of Your Rights Under New Jersey Law A Summary of Your Rights Under Washington Law Background Check Policy (MA only) DCJIS Information Sheet in Massachusetts New York City Fair Chance Act Notice form Step 2: Send the Adverse Action Notification Sample language provided below and highlighted portions needed to be customized or edited depending on location or instruction provided Send a minimum of 5 business days after the Pre-Adverse Action Notification is sent (alternative timeframe may be required depending on location) Additional conditions if the candidate lives and/or works in Philadelphia, PA: Include a copy of the background check report. 18

19 California Notice in English and Spanish if the candidate lives and/or job position is in California AND will work/or live in Philadelphia, PA (provided in Step 4 above) Sample Language SAMPLE ADVERSE ACTION NOTICE Date NAME ADDRESS CITY, ST ZIP Dear : We regret to inform you that [Employer] [(... is unable to offer you employment), or (... will terminate your employment effective ), or (... has decided not to offer you a promotion)].* This decision was based in whole or in part on information contained in a report, including the following specific items contained in the report from Accurate Background LLC., 7515 Irvine Center Dr., Irvine, CA 92618, , [Identify specific items]. A copy of this report, a copy of A Summary of Your Rights Under the Fair Credit Reporting Act, and any applicable state notices were previously provided to you. Accurate Background, a consumer reporting agency, did not make this employment decision and is unable to supply you with specific reasons why the decision was made. Under Section 612 of the Fair Credit Reporting Act, you have the right to obtain a free copy of the report if you submit a written request to the agency identified above no later than 60 days after you receive this notice. Under Section 611 of that Act, and state law you also have the right to dispute the accuracy or completeness of any information in the report by contacting the consumer reporting agency above. [Philadelphia, PA only - You have 10 business days to provide information to [Employer] concerning the accuracy of the criminal history information in your consumer report or additional information you wish [Employer] to consider. [Employer] will consider all additional information provided by you.] Massachusetts applicants or employees only (this section applies only if the report referenced above is a credit report): You have the right to obtain a free copy of your credit report within sixty days from the consumer credit reporting agency which has been identified on this notice. The consumer credit reporting agency must provide someone to help you interpret the information on your credit report. Each calendar year you are entitled to receive, upon request, one free consumer report. You have the right to dispute inaccurate information by contacting the consumer credit reporting agency directly. If you have notified a consumer credit reporting agency in writing that you dispute the accuracy of information in your file, the agency must then, within thirty business days, reinvestigate and modify or remove inaccurate information. The consumer credit reporting agency may not charge a fee for this service. If reinvestigation does not resolve the dispute to your satisfaction, you may send a letter to the 19

20 consumer credit reporting agency, to be kept in your file, explaining why you think the record is inaccurate. The consumer credit reporting agency must include your statement about the disputed information in a report it issues about you. California applicants or employees only (this section applies only if the report referenced above is a credit report): You have the right to obtain a free copy of your credit report within 60 days from the consumer credit reporting agency which has been identified on this notice and from any other consumer credit reporting agency which compiles and maintains files on consumers on a nationwide basis. Under California law, you also have the right to dispute with the consumer reporting agency the accuracy or completeness of any information in the report. Sincerely, [Employer] *Identify any adverse action taken on the basis of the consumer report. Enclosures: Consumer Report (if candidate lives and/or works in city of Philadelphia, PA) California Notice (if candidate lives and/or works in California) Previous Conviction Question Several specific areas have enacted specific regulations around the use of a Previous Conviction Question prior to a background check. It is advised that before you include this question in your workflow that you consult with your legal team to weigh the benefit of asking the question against the additional steps in the workflow that will need to be supported. 20