Conditional offer letter (background check) template
US federal rules as of 30 Oct 2026. Not legal advice; state and city rules may add requirements.
A conditional offer says: we want to hire you, if the background check comes back with nothing that, after a fair review, makes the job unsuitable. Many fair-chance laws require the offer to come before any criminal-history check. The letter below makes the offer first, then names the check and tells the person what happens next.
At a glance
- Make the offer before you ask about or search criminal history if a fair-chance law covers you (many states and cities do; see the FCRA guide).
- Under the FCRA the disclosure that you will get a report must be a separate document containing only that disclosure, and you need written authorisation. Do not bury it in this letter.
- Name only the checks the job needs.
- Say clearly that you will follow a fair process before any decision.
The template
[Company legal name] [Date: Month DD, YYYY]
Dear [First name],
Congratulations. We would like to offer you the position of [Job title] at [Company legal name], reporting to [Manager], starting on or about [Start date], at [pay and basis]. The full terms are in the attached offer letter.
This offer is conditional. It depends on:
- Proof of identity and work authorisation (Form I-9) within three business days of your start date.
- [Completion of a background check with results we can accept for this role. The check includes: [list only what applies, e.g. identity/SSN trace, county criminal records for the last [7] years, sex offender registry, education verification, employment verification].]
- [Other lawful conditions, e.g. professional licence for [role], reference checks.]
What happens next. Within [2] business days you will receive a separate email from [our screening provider] with a disclosure and an authorisation form. Please read the disclosure and, if you agree, complete the form by [date]. We cannot start the check without it. Typical checks take [1 to 3] business days after you complete the form; some county or international searches take longer. In LiveRec the screen says results usually arrive within 1 to 3 business days.
If the report contains something that concerns us. We will not decide on the report alone. We will send you a copy of the report and a summary of your rights, tell you what we found concerning, and give you a reasonable time to tell us about errors or context before we make a final decision. We consider the nature of the offence, how long ago it happened, and the duties of the job.
You may also contact [name, email, phone] with any question. Please do not resign from your current job until we confirm the conditions are met. [Optional, but fair to the candidate.]
This conditional offer is open until [date]. Please confirm by replying to this email.
Sincerely, [Name, title] ---
How to use it
- Send the signed offer terms with this letter (or merge both into one document, keeping the FCRA disclosure separate).
- Send the FCRA disclosure and authorisation as its own form. In LiveRec the candidate receives an email asking for consent when you order the check; nothing runs until they consent.
- Wait for the result. Review any record individually (EEOC guidance).
- If you will not hire because of the report, follow the pre-adverse action process before you withdraw.
Customization notes
| Case | What to change |
|---|---|
| California, NYC, Illinois, Philadelphia and other fair-chance jurisdictions | Fair-chance laws set their own steps, timing, written assessment and notice wording. Some require the assessment to be sent to the candidate. Check your jurisdiction. California and New York City each require a written notice and at least five business days to respond before a final decision (sources below). |
| Roles with legal screening duties (child care, health care, financial services) | Cite the law that requires the check and keep that wording in the letter. |
| Driving or money-handling roles | Say which record searches are tied to the job. Job-relatedness is your defence. |
| Remote hires | Run the check by the state the person will work in. State rules follow the worker. |
Mistakes to avoid
- Combining the FCRA disclosure with an application or this letter.
- Running the check before the offer where the law bars it.
- Withdrawing the offer on the day the report arrives. Follow the pre-adverse steps.
- Asking for criminal history on the job application where a ban-the-box law prohibits it.
FAQ
Is a conditional offer binding? It is binding only if the conditions are met. Courts look at what you promised. Be clear and consistent.
Can the candidate refuse the background check? Yes. If they do not authorise it you cannot run it, and you may decide the condition is unmet, as long as you treat all candidates for the role the same way.
Should I tell the candidate which company runs the check? Yes. Name the provider in the letter and the disclosure.
Do I need to run the check on everyone? Apply the same checks to all finalists for the same role to reduce discrimination risk.
Next step: order a background check from the candidate page once the candidate has a conditional offer.
Sources
- 15 U.S.C. 1681b (employment purposes; (b)(2) disclosure and authorization, (b)(3) pre-adverse action): https://www.law.cornell.edu/uscode/text/15/1681b (accessed 30 Oct 2026)
- FTC: https://www.ftc.gov/business-guidance/resources/using-consumer-reports-what-employers-need-know
- EEOC arrest and conviction guidance: https://www.eeoc.gov/laws/guidance/enforcement-guidance-consideration-arrest-and-conviction-records-employment-decisions
- State and local fair-chance laws: California Fair Chance Act, Gov. Code 12952 (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12952&lawCode=GOV) and CRD FAQ (https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2022/11/Fair-Chance-Act-FAQ_ENG.pdf); NYC Fair Chance Act (https://www.nyc.gov/site/cchr/law/fair-chance-act.page); checked 2026-10-30. Both require a written notice and at least five business days to respond before a final decision.
This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.