What Is a Pre-Adverse Action Letter from Checkr?

Question

I applied for a gig driving job. Checkr ran my background check. Now I got this letter saying they found a conviction, but the charge was dismissed over a year ago. I still have all the court paperwork. The platform already deactivated my account. I didn't even get a real chance to respond. Is this legal? Can they do this? The letter says pre-adverse action - what does that even mean? I need to know what my rights are and what to do right now before I lose this income for good.

Consumer Attorneys · Accepted Answer

A pre-adverse action notice is a required step under the Fair Credit Reporting Act (FCRA) - it must be sent before a company takes a negative employment or contracting action based on a background check. When Checkr generates this notice on behalf of a company, it means the employer or platform is considering rejecting you based on something in your report. The problem arises when that report contains an error. A dismissed charge reported as a conviction is a serious inaccuracy. Under the FCRA, consumer reporting agencies like Checkr have a legal obligation to maintain reasonable procedures to ensure accuracy. If a Checkr pre-adverse action notice is based on a misreported disposition, showing a dismissal as a conviction, that may constitute a violation of the FCRA's accuracy and reinvestigation requirements, and could give you grounds to sue Checkr for FCRA violations.

What to gather / what to request / what to document:

Save the pre-adverse action notice immediately - note the date you received it and the deadline given to dispute.
Obtain a copy of your full Checkr background check report, which you are entitled to request directly.
Pull the official court docket or disposition letter showing the charge was dismissed - this is your primary proof hook.
Document the platform's deactivation notice, including timestamps and any communication you received.
Note whether the adverse action letter Checkr sent included the required FCRA disclosures: your right to dispute, the CRA's contact info, and the right to a free report copy.
Track all dates carefully - FCRA dispute timelines are strict, and delays can affect your options.

If your account was deactivated based on a pre-adverse action Checkr report that misrepresented a dismissed charge as a conviction, you may have actionable FCRA claims. Consumer Attorneys offers free case reviews for situations like this. Preserve every document - the notice, the court records, the platform communications and reach out as soon as possible. Timelines under the FCRA matter, and having an attorney evaluate your situation early can make a significant difference in your options.