This is an excerpt from "Unlocking Opportunities: How to Find a Job With a Criminal Record, " a 43-page guidebook of expert advice and step-by-step instructions on navigating the employment landscape with a criminal record.
Finding a job when you have a criminal record can be challenging, especially when an employer runs a background check. If an employer finds something on your background check that concerns them, they might send you a Preliminary Adverse Action Notice. This notice does not mean you have lost the job, but it does mean you need to take action. In this post, we will explain what this notice means and how you can respond in a way that improves your chances of getting hired.
What Is a Preliminary Adverse Action Notice?
A Preliminary Adverse Action Notice is a letter or email that tells you the employer found something in your background check that might affect their hiring decision.
This notice can include:
A copy of your background check report
A summary of your rights under the Fair Credit Reporting Act
Instructions on how to proceed if you want to dispute or explain the information
A chance for you to correct or explain any mistakes before they make a final decision
The employer is giving you time to respond before they make a final decision.
You usually have 5 to 7 days to reply.
Why You Should Respond
This is your opportunity to fix errors in the report or explain the circumstances of your record. Employers understand that people make mistakes and that past charges do not always reflect who you are today. Many employers are open to hiring justice-involved individuals, especially if they see that you are honest and working to build a better future.
Stay Positive
Please remember, almost all employers will run a background check. Do not take this as a rejection yet. In many cases, this is just a standard process that employers have to follow when considering an applicant with a criminal history. Many employers are open to hiring justice-involved individuals, especially if they see that you are honest and working to build a better future. Stay positive and take this as an opportunity to advocate for yourself.
How to Respond
If you receive a Preliminary Adverse Action Notice, follow these steps:
1. Review the Background Check Report
Carefully read the report and check for mistakes. Common errors include:
Wrong identity (someone else’s record appearing on your report)
Incorrect or outdated charges
Charges that were dismissed or expunged
If you find an error, contact the background check company right away and ask for a correction. You should also let the employer know about the mistake in your response.
2. Read and Follow the Employer’s Instructions Carefully
The employer will provide specific instructions on how to respond to the notice. These may include:
Submitting a written explanation
Providing supporting documents, such as proof of expungement or character references
Contacting the background check company to dispute errors
Make sure to follow these instructions exactly and provide any requested information within the given timeframe.
3. Provide References or Letters of Support
One of the best ways to strengthen your response is to include references or letters from people who can vouch for your character and work ethic. These could include:
Probation officers or case managers who can confirm your progress and commitment to staying on the right path.
Former employers who can speak to your skills, reliability, and job performance.
Supervisors from volunteer work or training programs who can highlight your dedication and growth.
Community leaders, mentors, or religious leaders who can attest to your positive contributions and character.
These references help show the employer that you are more than your past and that you have people who believe in your ability to succeed.
4. Prepare Your Response
If the report is correct but still causing concern, write a letter or email explaining your situation. Keep your response professional and positive. Here are some things to include:
Acknowledge the past: Briefly mention the conviction if it is accurate, but do not dwell on it.
Show personal growth: Explain what you have done to improve your life, such as job training, education, volunteer work, or staying out of trouble.
Emphasize your qualifications: Remind the employer why you are a good fit for the job and how your skills and experience will benefit their company.
Request reconsideration: Politely ask them to consider your application despite the background check.
5. Send Your Response Quickly
Employers usually give you a short window to respond, so do not wait. Send your letter or email within the time limit stated in the notice.
6. Follow Up
If you do not hear back within a few days, contact the employer to check on the status of your application. A simple, polite phone call or email can show them you are serious about the job.
Example Response Letter
Subject: Response to Preliminary Adverse Action Notice – [Your Name]
Dear [Hiring Manager's Name],
I recently received your notice regarding the results of my background check for the [Job Title] position at [Company Name]. I appreciate the opportunity to address any concerns before a final decision is made.
I want to acknowledge that the background check includes information about my past conviction. However, since that time, I have worked hard to improve my life. I have completed [job training, education, community service, etc.] and have maintained steady employment in [industry, if applicable].
I am confident that my skills in [mention relevant skills] and my strong work ethic make me a great fit for your team. I have followed the instructions provided in the notice and am happy to provide any additional information needed to support my case. Additionally, I have included letters of recommendation from [probation officer, former employer, case manager, etc.] who can speak to my character and work ethic. I would appreciate the opportunity to discuss this further and provide any additional details that may help with your decision.
Thank you for your time and consideration. I look forward to your response.
Best regards,
[Your Name]
[Your Contact Information]
Final Thoughts
A Preliminary Adverse Action Notice is not the end of your job opportunity. By reviewing your report, following the employer’s instructions, responding professionally, and highlighting your strengths, you can turn this challenge into a chance to show your growth and determination. Many employers appreciate honesty and persistence, so take this opportunity to advocate for yourself and keep moving forward in your job search.