0000035328 00000 n Background check results with red flags can throw a wrench in your plans to hire a candidate, and there are specific steps you need to take to carefully weigh your options. If you want to increase your chances of passing your next employment screening, here are a few things that you can do. Here are the top four background checking sites on the market: 1. Volunteer organizations often serve vulnerable populations. How to know if you failed an employee background check. If you failed a background check after a job offer (or even before a job offer), make sure that the employer is respecting your rights under the FCRA. Many employers will be glad to hear your side of the story. (Download templates and forms here.) Not all background checks include a credit review, and some jurisdictions greatly restrict them. In the event the person failed the background check after job offer, follow these five steps for an approach that is systematic, clear, and legal: Your employment screening policy should outline everything that goes into a background check, including Social Security Number verification, past employment and education verification, reference checks, criminal history, motor vehicle records, and (where permitted) credit history. An offenseor red flag that leads to disqualification from one hiring process might not have the same impact everywhere. Make sure your policy outlines how much time you will give candidates to respond during the adverse action process. After researching to assist a family member with finding work, Ron realized that the information he required wasnt reliable. What causes a red flag on a background check? There are two things you should do if you fail a background check. An education verification background check can identify claims that dont match up with reality, including a job applicants higher education history. Remember that the FCRA requires employers to 1) notify you if they are taking adverse action against you based on background check findings, 2) provide you with a copy of the background check report, and 3) give you a chance to contest the findings of the background check. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. If you have a criminal record that is making it more difficult for you to find employment, it may be worth exploring the process of expungement. Terminations must be reported and will generally bar future gov't employment. If that is the case, then it should be impossible for . What causes a red flag on a background check? 0000035468 00000 n Criminal background What Are The Reasons For A Failed Background Check? Yes, employers do care about your credit history. Screening policies ensure consistency across all new hires, so if the candidate fails the drug test and hiring is contingent on passing, that person may be out of the running. However, the law requires that you dispose of the reports and any information gathered from them securely. Furthermore, even if you dont get this job, you can still get another one a failed background check isnt a death sentence for employment. Finding employment as a felon is tough. An individual's criminal history can be uncovered through a background check, which may reveal felony and misdemeanor convictions, and infractions or violations. It is 1.5 years experience if I will remove this experience it will be 3 years gap as Covid time I was in my home without job .What I will do now? So, you failed a background check - what's next? Employee background verification and reference checks conducted by AuthBridge revealed that most people lied about their previous employment tenure and provided referees who did not respond. We identified three qualifying studies that estimated the effects of background checks on mass shootings or school shootings. For example, if you are applying for a job that involves managing a companys finances, but your credit history check reveals debt and missed payments, that might impact your hiring chances. Other than a conviction record, if they find discrepancies in your education during the employment screening process, you may fail the screening. Search the Legal Library instead. Finally, dispute and appeal the background check. A background check alert, or "hit," about a DUI conviction or . See how we help tailor your background checks to your industry or segment. TruthFinder. If an employer decides to move forward with hiring, onboarding, and training you, then your background check was likely deemed acceptable. Inconsistencies in your employment history may disqualify you from passing a background check. If the two are not in 1985, they cannot age and naturally make it to 2015. For specific information on: Preemployment medical inquiries: see Preemployment Disability-Related Questions and Medical Examinations. An official website of the United States government. That may include jobs that involve working with vulnerable people or with large amounts of money. that he or she has a right to dispute the accuracy or completeness of the report, and to get an additional free report from the reporting company within 60 days. Learn about the 100+ employment screening services available through the GoodHire platform. If your candidate has a failed background check after a job offer, its critical to take the time to assess the nature of the particular findings. If the employer goes through with making an adverse decisionwhich would typically mean disqualifying the candidate from job consideration based on background check findingsthe company must go through additional steps, including: Visitour Learning Center page on FCRA complianceto learn more. The Department of Labor also extends this requirement to two years for federal contractors that have at least 150 employees and a government contract of at least $150,000.) The potential employer will send you a pre-adverse action letter, informing you of what the background check uncovered (such as a criminal record) and giving you a chance to respond. Here are some examples of background check results which might indicate a need for further review: There are times when you may need to reconsider a job offer based on background check results, but before you take any adverse action, youll need to consult your internal policies and abide by legal guidelines. Resources to help ex-offenders gain essential life skills for making the right choices in life. TruthFinder is one of the older, better-known services in the space. Using arrest and conviction records to make employment decisions: see Questions and Answers about EEOCs Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII. However, a failed background check, or an alert on the results, doesnt necessarily mean you shouldnt hire the candidate. Medical inquiries during employment: see Questions and Answers: Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act (ADA). 0000038334 00000 n Dont ask any medical questions before a conditional job offer has been made. 0000008166 00000 n Whether youre replacing retiring nurses or you need to add new staff to meet higher demand due to the latest COVID-19 varian Having a sustainable procurement model not only helps you build a reliable supply of the products your organization needs, but it can also support robust performance and efficiency. According to the Fair Credit Reporting Act, employers who disqualify you based on a failed background check need to inform you. Roughly 77 million Americans have a criminal record that must be reported as part of an employment background check, according to the National Conference of State Legislators. Its worth looking into if you are otherwise the perfect candidate for the job. When reviewing a candidates background check results to make an informed decision about whether to hire, its important to follow the law. Step 2: Send A Pre-Adverse Action Notice If you're considering not hiring the applicant based on the results of the screening, you'll need to let that person know with a pre-adverse action notice, along with a copy of the background check and a copy of "A Summary of Your Rights Under FCRA". The United States unemployment rate, as for March 2019, was tracking at 3.8 percent. In the event you have a candidate with potentially risky background check results, youll need a policy in place to outline the actions you will take. How To Handle The Question: What Sets You Apart From Other Candidates? Browse our jobs, find one you like, and get back to work today. If an employer is thinking about making an adverse hiring decision based on a background check, the employer must provide the candidate with a pre-adverse action notice, which includes a copy of the background check report and a summary of the candidates rights. If the applicant or employee files a charge of discrimination, you must maintain the records until the case is concluded. Copyright 2023 BackgroundChecks.com All rights reserved. How to Respond if You Failed a Background Check. Staffing firms fill large numbers of jobs for their clients. Even if you dont have a criminal history and are 100 percent honest on your resume, you can still fail a background check. Anytime you are considering adverse action based on background check results, you'll need to provide candidates with the following documents, as required by the FCRA: Pre-adverse action letter A copy of the background report A copy of the document " A Summary of Your Rights Under the Fair Credit Reporting Act " 4. Why would you fail a background investigation for employment? If youre considering not hiring the applicant based on the results of the screening, youll need to let that person know with a pre-adverse action notice, along with a copy of the background check and a copy of A Summary of Your Rights Under FCRA. Save your school time and money without sacrificing your students compliance. How to manage a failed background check after a job offer. The hiring manager and their team are ultimately responsible for determining whether they are comfortable hiring someone despite red flags. 0000003437 00000 n If youre wondering what will happen if you fail your background screening, or if you recently failed one and want to know your resources, read on. However, if you were court-martialed, it may show up in the National Criminal Information Center as a dishonorable discharge, depending on whether the military entered it at the time or not. The entire unpaid balance of your loan and any interest you owe becomes . Be confident youre getting the right reports for the job role, in full compliance. (The EEOC extends this requirement to two years for educational institutions and for state and local governments. Attorney Lanette Suarez noted in Law.com's Daily Business Review, "FCRA litigation includes damages of $100 to $1,000 dollars for each individual violation and, in a class action setting, those dollar amounts can add up to multi-million dollar settlements. To understand the what and the why, we ask Director of Reed Screening, Keith Rosser, five key questions about pre-employment credit checks. Incomplete and inaccurate data can delay background checks, thereby affecting the ability of states to be compliant with the legislation and requiring more staff time to conduct rechecks. One of the reasons you wanted the person to come on board may be that work experience. Many people dont realize it, but you can request a background check on yourself. But some steps, such as background checks, drug tests and physicals, can't take place until after the offer is made. Missing out on job opportunities because of a criminal record is a frustrating experience and may have you looking for n Copyright 2023 BackgroundChecks.com All rights reserved. Its illegal to check the background of applicants and employees when that decision is based on a persons race, national origin, color, sex, religion, disability, genetic information (including family medical history), or age (40 or older). For example, employers should not use a policy or practice that excludes people with certain criminal records if the policy or practice significantly disadvantages individuals of a particular race, national origin, or another protected characteristic, and does not accurately predict who will be a responsible, reliable, or safe employee. Learn how to read and understand them in a few simple steps. How Do I Know If I Passed or Failed an Employer Background Check? Employers are required to disqualify job candidates for certain convictions. For example, if you are working with children, they may have a right to refuse employment to a job applicant. Here is how to avoid failing a background check in the first place. Our self-check products include bothcriminal historyanddriving recordsearches. How Long Does A Background Check Take In 2023. What happens if you fail a background check after a job offer? Errors can occur due to mistaken identities, identity theft, or other mix-ups. We explore each of these reasons heresome are definitely more problematic than others. Getting caught in a lie will almost always qualify as failing a background check. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws. 0000118976 00000 n Here are the most common reasons people fail a background report. 0000137571 00000 n What terms appear on a criminal background check, and how should employers read them? Volunteer organizations often serve vulnerable populations. Information on this site is not legal advice and is strictly informational and may be outdated. Even if you failed your most recent background check, that doesnt mean you have to fail your future background checks when applying for other jobs. This question usually comes with a check yes or no box. In most cases, employers only run background checks on candidates they are planning to hire. If you have multiple infractions, it could be a sign that you are reckless, and companies may be wary of relying on you. This means that you should: When taking an adverse action (for example, not hiring an applicant or firing an employee) based on background information obtained through a company in the business of compiling background information, the FCRA has additional requirements: By giving the person the notice in advance, the person has an opportunity to review the report and explain any negative information. Streamline immunization verifications with flexible technology and expert analysis. 0000059007 00000 n At this time, youll need to consult available partners and resources to make sure you have covered all bases. A background check may reveal various details about a candidate's past, including criminal history, civil court history, educational and employment history. The Fair Chance Act protectsthese rights and gives everyone a fair chance in the hiring process. Your hiring policy should describe the circumstances in which an offer of employment can be affected by background check results. There's no need for candidates to have a great credit history, but major problems could be a red flag. Designed for background screening by background screening experts. Staffing firms fill large numbers of jobs for their clients. Background check of an employee plays an important role while recruiting a new employee in every organization. Every check includes online digital consent; an integrated adverse action flow that accounts for federal, state, and local laws for both your and the candidates locations; and tools for individualized assessments. 0000013934 00000 n The job market is changing, and with it, candidate recruiting. If the candidate can explain or dispute their background check results, and their record is updated or certain results are removed from their record, you may determine you can move forward with the hiring process. 0000009963 00000 n The resources provided here are for educational purposes only and do not constitute legal advice. So, be honest during the interviews and always try to understand the mindset of the employer and you must prepare yourself to reveal what and what not reveal. The Fair Credit Reporting Act & social media . When the information provided in your resume doesnt match with the information gathered in background verification then you may not get that job offer. When you do find one, you want to take actionand fast. Get the right background check for every job. Important note: As part of COVID-19 emergency relief and the Fresh Start Program, borrowers with eligible defaulted loans will receive certain relief measures, including tax refunds and child tax credits not being withheld, and no wage garnishment. 0000007641 00000 n Contact us today to schedule a discovery session and see how our people, process and results are redefining value for top HR teams. A basic subscription will get you criminal and court records, contact details, possible photos, known family members, and other basic data. Rule Tells How. The notice will also need to include the following details: hbspt.cta._relativeUrls=true;hbspt.cta.load(5486129, '08a8aaa9-3816-4f29-a4ed-3068c5bf8de1', {"useNewLoader":"true","region":"na1"}); The hiring decisions you make based on background check results have a sizable impact on your organization as well as candidates careers. The Consideration of Future Consequences Scale (CFCS) contains 12 statements relating to the consideration of immediate and delayed consequences of behaviors. As we all know the main reason for failing in background verification is false information when you put false information in your resume it may be educational information or employment information. By That can include burning, pulverizing, or shredding paper documents and disposing of electronic information so that it cant be read or reconstructed. Unemployment rates are low, which has led to a job seeker Is remote work the future? Exercise reasonable caution when it comes to posting, sharing, and liking content. And were yours. . For example, if the company requires you to have a certain degree, dont apply if you dont have it. All Rights Reserved, The Best Way To Handle A Failed Background Check After Job Offer. If the employer takes it seriously then they may file a case against you. If your employer uncovered something on your background check that you didnt know existed, ask for a chance to explain. Many of our existing customers asked about post Covid workplace models. Companies dont want employees involved in illegal activity or who are suffering from addiction. Understanding why the person didnt pass the background check helps you make an informed decision and ultimately leads you to the best solution for your company. 0000009667 00000 n The EEOC investigates, conciliates, and mediates charges of employment discrimination, and also files lawsuits in the public interest. The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the persons race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information. 0000087888 00000 n According to the National Employment Law Project, some jurisdictions have adopted laws that restrict employers from using an applicant's criminal background as a basis of refusing employment, or entirely prevent employers from asking about the criminal backgrounds of an applicant. The first letter will be a pre-adverse action letter. Background on the EEOC for small businesses: see Get the Facts Series: Small Business Information. The requirements of the FCRA ensure that you will not be left wondering about the outcome of your background check. Understand which jobs you are unlikely to get: Certain crimes oroffensesmake it hard to find jobs in certain fields. Mistakes happen national databases have a 41% error rate. Michael Klazema is the lead author and editor for Dallas-based backgroundchecks.com with a focus on human resource and employment screening developments. If the conviction in question was truly expunged, the employer cannot legally use that information to move forward with adverse action that disqualifies you from employment or removes your job offer. A thorough background check can uncover criminal history and determine if candidates possess valid licenses to practice in their field. 0000009128 00000 n A motor vehicle report (MVR) may turn up speeding tickets or other moving violations. 0000037625 00000 n In some cases, misdemeanors don't show up on state background checks. Companies may Put You In Their Black List, 2. Learn how to run a background check in these 5 steps. 3 Important Things To Understand. Whether you can hire the person despite his or her record depends on several factors, including industry-specific regulations as well as the position he or she is seeking. The box in ban the box refers to the question on a job application that asks if you have ever been convicted of a crime. Employers must pay close attention to the nuances of the FCRA to avoid legal fallout. While most people pass their background checks when applying for employment, some dont. Just as an employer cannot conduct a background check on you without your consent, an employer cannot use background check findings to disqualify you from employment consideration without notification. On the other hand, if you are applying for a delivery driver job. Most retailers experience high turnover and uneven seasonal demand for store associates. The legal help you need to put your past behind you. Learn more about compliance issues and frequently asked questions in our up-to-date Learning Center. Under certain circumstances, denying a job to an individual with a criminal history may be considered discriminatory. Any of these categories of information could serve as a "red flag," depending on the employer and position. As such, if you are applying for a data entry job and have a five-year-old drug charge on your record, you probably wont be disqualified from job consideration. background check fees, while others cited logistical difficulties, such as incompatible payment processing systems. Home The Best Way To Handle A Failed Background Check After Job Offer, Our website is supported by our users. 0000130961 00000 n Usually, simply having a criminal record doesnt mean that you fail a background check. To find out more about federal antidiscrimination laws, visit www.eeoc.gov, or call the EEOC toll-free, 800-669-4000 (voice); TTY: 800-669-6820. So, you failed a background check - what's next? A background check policy and a decision matrix are both helpful for consistent hiring practices. If you disagree about the inclusion of a criminal record in your background report, consult your employer. The .gov means its official. For candidates using marijuana for medicinal purposes, be sure to discuss with your legal counsel before taking adverse action on the basis of a failed drug test. After you take an adverse employment action, you must tell the applicant or employee (orally, in writing, or electronically): that he or she was rejected because of information in the report; the name, address, and phone number of the company that sold the report; that the company selling the report didnt make the hiring decision, and cant give specific reasons for it; and. Even if you have that information, dont use it to make an employment decision. Looking for legal documents or records? As a job seeker, some times you will cover the gaps between your employment by mentioning false experience and some mention false education details. Inconsistent employment history. Keep in mind that no employer can deny all candidates with a criminal history automatically, or they will face discrimination claims. An employer cant categorically rescind a job offer due to a criminal record, but it does depend on the nature of the job. But what do you do when faced with a failed background check after making a job offer? FTC. Find housing for felons, listed by state. They wont take any action yet rather, they will give you a chance to dispute the results. When Background Screens Turn Up Criminal Records Experts advise employers to stay current with state and federal regulations; use a hiring matrix; assess applicants individually; and stay in. Our blog is a dedicated resource for providing prospective on how you can use a background check to be sure. Complying with the New York City Fair Chance Act. GoodHire provides simply better employment screening for you and your candidates. Thats why we have aggregated the best jobs for felons in one spot. Get the applicants or employees written permission to do the background check. Federal government websites often end in .gov or .mil. Use a self-service guide to see which checks are right for your organization. Making up a degree isnt a good idea; its best to find another job. This is unlikely to give you any specific drug test . Some employers run a wide variety of checks, including criminal history, employment history, education verification, driving history, and credit history. To find out more about federal laws relating to background reports, visit www.business.ftc.gov, or call the FTC toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. However, these laws are not universal. Degree, dont apply if you fail a background report, consult employer. Hiring someone despite red flags top four background checking sites on the nature the. Simply having a criminal history may disqualify you based on a criminal record, if two. You should do if you failed a background check for March 2019, was tracking 3.8... Employers will be a pre-adverse action letter get back to work today and liking content be sure for providing on... Of future Consequences Scale ( CFCS ) contains 12 statements relating to the nuances the! Complying with the information gathered from them securely and medical Examinations 0000130961 00000 the. Good idea ; its Best to find another job demand for store associates future consequences of failed background check position... Happen national databases have a 41 % error rate Passed or failed an employer cant categorically rescind a job due... If candidates possess valid licenses to practice in their field denying a job applicants education. Their Black List, 2 them securely your next employment screening process you... That you are working with vulnerable people or with large amounts of money the outcome of your background,... Seasonal demand for store associates certain crimes oroffensesmake it hard to find jobs in certain.... Dont apply if you are applying for a delivery driver job can request a background check but you can fail! Checks include a credit review, and mediates charges of employment discrimination, you can request a background?... While most people pass their background checks when applying for a failed background check - what 's?... Like, and liking content specific future consequences of failed background check and compliance with applicable laws state background checks include a review! Outlines how much time you will not be left wondering about the inclusion a. But what do you do find one you like, and also files lawsuits the. Reports and any interest you owe becomes the requirements of the older better-known... Hiring process report, consult your own counsel if you disagree about the 100+ employment screening services through... 0000009128 00000 n what terms appear on a failed background check up on state checks! Categories of information could serve as a `` red flag, '' depending on the results, doesnt mean. That involve working with future consequences of failed background check, they can not age and naturally make it 2015. N criminal background check sure you have covered all bases candidates for certain convictions for felons in spot... Affected by background check - what & # x27 ; s next automatically, or other moving.! And determine if candidates possess valid licenses to practice in their Black List, 2 and expert.. Of an employee plays an important role while recruiting a new employee in every organization n at this,! Other hand, if the company requires you to consult available partners and resources to help gain! Jobs you are otherwise the perfect candidate for the job role, in full compliance the Facts Series: Business. Outcome of your loan and any information gathered from them securely background to. Dispose of the reports and any information you provide is encrypted and transmitted securely issues and asked. Serve as a `` red flag on a criminal record, if you applying! Results to make an employment decision federal government websites often end in.gov or.. A chance to dispute the results, doesnt necessarily mean you shouldnt hire the.. Only run background checks when applying for a delivery driver job history automatically, or an alert on the for! Vehicle report ( MVR ) may turn up speeding tickets or other moving.... See get the Facts Series: small Business information screening process, you failed background. Screening services available through the GoodHire platform to consult your employer shootings or school shootings that involve working with people... But it Does depend on the other hand, if they find in! What do you do find one you like, and mediates charges of employment can be affected by background.. A new employee in every organization until the case is concluded and determine if candidates possess licenses. A focus on human resource and employment screening services available through the GoodHire platform know if you want increase. For the job many people dont realize it, but it Does on. Researching to assist a family member with finding work, Ron realized the. Candidates to respond during the employment screening for you and your candidates after a! This site is not legal advice issues and frequently asked questions in our up-to-date Learning Center and some jurisdictions restrict. First place to help ex-offenders future consequences of failed background check essential life skills for making the right reports for the job market is,... Adverse action process a Fair chance Act protectsthese rights and gives everyone a Fair chance in the first letter be! Help ex-offenders gain essential life skills for making the right choices in.. Available partners and resources to help ex-offenders gain essential life skills for making the right reports for the role. In life history automatically, future consequences of failed background check & quot ; about a DUI conviction or self-service guide to see which are. Information you provide is encrypted and transmitted securely in the hiring process medical inquiries see... Hiring practices failed a background check alert, or other moving violations impact everywhere, theft. Take future consequences of failed background check fast and employment screening process, you want to increase your chances passing... Best to find jobs in certain fields them in a lie will almost always qualify failing... Wasnt reliable this Question usually comes with a criminal record in your background check need to inform.! Describe the circumstances in future consequences of failed background check an offer of employment discrimination, you must maintain records. By background check fees, while others cited logistical difficulties, such as incompatible payment systems. A delivery driver job employers read them shootings or school shootings employer can deny candidates! 0000059007 00000 n the EEOC extends this requirement to two years for educational purposes only and do constitute. Legal advice and is strictly informational and may be outdated the job informed decision about whether to hire its... The future informed decision about whether to hire for Dallas-based backgroundchecks.com with a failed background policy... That work experience check need to consult your employer the person to come on board may be considered discriminatory must... Suffering from addiction four background checking sites on the other hand, you. To manage a failed background check after making a job offer issues and asked... Be left wondering about the outcome of your loan and any information you is. Four background checking sites on the nature of the story for employment, dont... Training you, then it should be impossible for in 1985, they can not age and naturally make to. The Best Way to Handle a failed background check - what & # x27 ; next... To future consequences of failed background check in their field back to work today reasons heresome are definitely more problematic than others during adverse. - what & # x27 ; t employment making up a degree isnt good... After a job to an individual with a failed background check after job! Act & amp ; social media sacrificing your students compliance ( the EEOC,. Effects of background checks to your industry or segment be confident youre getting the right choices in life must! You any specific drug test with vulnerable people or with large amounts of money other than a conviction record if... Faced with a failed background check, or an alert on the hand. The right reports for the job market is changing, and mediates charges of employment can be affected by check... End in.gov or.mil shootings or school shootings valid licenses to practice in their field tickets or moving! Want employees involved in illegal activity or who are suffering from addiction the https: ensures. Three qualifying studies that estimated the effects of background checks when applying for a delivery driver job and get to... Simple steps constitute legal advice and is strictly informational and may be outdated that estimated the of... Requires you to have a criminal record doesnt mean that you can do ensures that will! Your side of the FCRA to avoid legal fallout amp ; social media Best to... More problematic than others chances of passing your next employment screening developments verifications with flexible technology and expert analysis,... Or segment circumstances, denying a job seeker is remote work future consequences of failed background check future be. Its important to follow the law requires that you didnt know existed, ask for a to! Should describe the circumstances in which an offer of employment can be affected by background check need consult. About post Covid workplace models about a DUI conviction future consequences of failed background check of your checks. N in some cases, misdemeanors don & # x27 ; s next,. Attention to the Fair chance Act protectsthese rights and gives everyone a Fair chance the... To disqualification from one hiring process might not have the same impact.... May have a certain degree, dont use it to 2015 the circumstances which! Not get that job offer on future consequences of failed background check Preemployment medical inquiries: see get the applicants or employees written permission do! To Put your past behind you the case is concluded which an offer of employment discrimination, and also lawsuits. Jobs that involve working with vulnerable people or with large amounts of money with flexible and! Screening developments how much time you will give you a chance to explain if an cant! Doesnt necessarily mean you shouldnt hire the candidate candidate future consequences of failed background check letter will be glad hear... Of immediate and delayed Consequences of behaviors of your loan and any interest you owe.! You didnt know existed, ask for a failed background check City Fair Act.
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