QUICK ANSWER
If you’ve failed a Walmart background check, you’ll need to pinpoint the reason why and, if errors played a role, dispute them. Federal law gives you the right to an accurate employment background check report and the right to pursue corrections and compensation when it’s not.
Why a Walmart Background Check Fails and What to Do About It
Walmart claims you failed the background check. Now you’re trying to figure out what went wrong. You applied for the job. The interview went well. In your mind, you were already picturing the next step, maybe even looking at apartments you’d finally be able to afford.
Then the message arrives. Your Walmart background check failed.
Before assuming the worst, take a breath. Many applicants who fail a Walmart background check later discover the issue isn’t their past at all -**** it’s an inaccurate Walmart background check or other employment background check errors.
Background screening companies generate millions of reports every year. With that much data moving through automated systems and court databases, mistakes happen more often than most people realize. Sometimes a background check error costs someone a job simply because the system matched the wrong record.
Understanding how Walmart background checks work, why applicants sometimes fail them, and what your rights are under the Fair Credit Reporting Act (FCRA) can make the difference between losing a job opportunity and correcting a mistake that never should have happened.
Who Needs a Walmart Background Check
You went from wondering whether Walmart does background checks to learning that background checks in the Walmart hiring process apply to most positions. During the Walmart background screening, applicants who receive a conditional job offer typically undergo an employment background check performed by a third-party background screening company, which are called consumer reporting agencies (CRAs) under federal law.
Like most industries and companies, the exact position or career path you’re seeking may determine the nature and extent of the background screening. If you’re still awaiting your results, check out these signs that you may have failed your employment background check.
Which Companies Do Walmart Background Checks?
The companies most commonly associated with Walmart screenings include First Advantage and Sterling (for certain positions). First Advantage Walmart reports and Sterling reports for Walmart roles can include criminal record data, court information, and other public records information to generate the Walmart background check results that employers use for hiring decisions.
Applicants can often view updates through the Walmart candidate portal for First Advantage, where the Walmart background check status may show messages such as pending, completed, or flagged. This is where many applicants first learn they failed a Walmart background check, sometimes with little explanation beyond a vague status update.
In other words, you log in expecting a simple “approved” message and instead get the digital equivalent of someone shrugging and saying, “Something’s wrong… we’re just not telling you what yet.”
The reality is that a background screening is not always perfect. Reports can contain issues with a background check flagged incorrectly or outdated information being reported, leading to situations where someone failed a Walmart background check by mistake.
How Long Does a Walmart Background Check Take?
How long does a Walmart background check take is another one of the most common questions job applicants research.
In most cases, the background check timeline of 2–5 business days is typical. A screening company gathers records from courts and databases, verifies information, and delivers the Walmart background check results to the employer.
However, the process doesn’t always move that quickly - especially if you failed a Walmart background check because of errors or missing information.
Delayed Results
Applicants sometimes experience a delayed background check Walmart situation when courts take longer to verify records or when the system flags a possible match that requires manual review.
Another surprisingly common issue is the common name background check delay. If your name is shared with many other people - think “John Smith” or “Maria Garcia,” databases may return multiple records, which can slow the matching process.
When this happens, candidates often experience radio silence after background check submission while the report is still under review. In some cases, a delay eventually turns into a message saying the applicant failed a Walmart background check, even though the underlying record may belong to someone else entirely.
How Far Back Does a Walmart Background Check Go?
To answer the question how far back does a Walmart background check go, we have to consider state and federal law.
State Laws
The answer depends largely on state law and the type of information being reported. Some states impose seven-year reporting limits for background checks, meaning certain records older than seven years cannot be included in reports used for employment.
Other laws also affect the lookback period. State background check lookback limits and conviction reporting limits by state may determine how far back criminal records can be reported. Additionally, some jurisdictions restrict the reporting of expunged and sealed records entirely. So, if you failed a background check because the screening company pulled expunged records from twenty years ago - this is likely not allowed.
Federal Laws
Federal guidance also plays a role. The EEOC criminal history guidance encourages employers to evaluate criminal history on a case-by-case basis rather than applying blanket bans. That approach connects to Walmart’s hiring practices. So, for a case-by-case Walmart hires felons policy explanation, keep in mind that the company evaluates criminal history differently depending on the role and the nature of the record.
But even when laws restrict reporting, mistakes still happen.
Think of it like an outdated GPS sending you down a road that technically doesn’t exist anymore. The rules may say the record shouldn’t appear - but the database didn’t get the memo. And just like that- some people failed a Walmart background check because outdated information or records beyond the legal reporting window were included in the report.
Why People Fail Walmart Background Checks
People have failed a Walmart background check for many reasons, but sometimes the issue involves legitimate concerns that get flagged and sometimes the issue involves inaccurate or misleading information in the background report.
Common reasons include:
- Criminal convictions- legitimate convictions that are properly reported, but violate the hiring guidelines or company policy for particular positions
- Falsified or inconsistent information- Lies or unexplained discrepancies in employment or education history or other categories
- Driving record issues- if your Walmart job involves commercial trucking or a delivery driver job, problematic info in your driving record can disqualify you
- Failed drug screenings- if the position you applied to requires a drug screening, failing it can be a disqualifier
- Identity verification issues- if your background report can’t confirm your identity data, you can be denied employment
- Credit history- if the position you applied to involves financial responsibility or access to sensitive financial data, red flags in your credit history can remove you from consideration
- Background check errors- any of these categories of informaiton can be reported incorrectly. When the information is inaccurate, misleading, incomplete, duplicate, false, outdated, or unreportable, it can lead to unfair Walmart job rejections
An inaccurate Walmart background check is one of the biggest reasons applicants believe they failed a Walmart background check unfairly.
Government agencies have also noted the scale of background screening mistakes. Findings from the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC), which create background check errors reports, have repeatedly warned that background screening databases contain inaccuracies.
Background Check Error Data
The CFPB highlights how often errors can occur in background reports by going after General Information Services and an affiliate for background screening errors. According to the CFPB, between 2010 and 2014 nearly 70% of criminal history disputes filed by consumers with General Information Services resulted in a change or correction to the background report, showing that many disputes lead to updated or fixed records.
Types of Mistakes in a Walmart Background Check
When someone fails a Walmart background check, the issue often comes down to data accuracy problems. These are some of the most common mistakes found in background reports that often contribute to why many applicants failed a Walmart background check.
- Mixed file employment screening- where records belonging to different individuals become combined
- Someone else’s criminal record on a report due to similar names or identifiers
- Expunged records reported even though the case was legally sealed
- Duplicate criminal entries on background checks that inflate the appearance of a criminal history
- Dismissed charges errors- dismissed charges still on a report or dismissed charges reported as pending
- Falsely flagged records- Your Walmart background check is flagged but it’s not your record
When these errors occur, they can create an inaccurate Walmart background check that causes someone to fail a Walmart background check even though the information isn’t correct. Even if you failed a Walmart background check due to some other unlawful reason that’s not mentioned - you may still have legal recourse.
Understanding the Fair Credit Reporting Act (FCRA)
Employment background checks are governed by the Fair Credit Reporting Act (FCRA), a federal law designed to protect consumers from inaccurate reporting.
Maximum Possible Accuracy
Under the FCRA, a consumer reporting agency (CRA) must follow FCRA accuracy standards and maintain procedures that ensure maximum possible accuracy (FCRA). This requirement appears in 15 U.S.C. § 1681e(b).
If a background screening company fails to maintain reasonable procedures and produces inaccurate information, that may be considered unreasonable procedures accuracy FCRA violations - particularly when it’s the reason why applicants failed a Walmart background check.
Put simply: the law expects background check companies to get the facts right - not just close enough.
Pre-Adverse Action Notice
The law also regulates how employers use background checks in hiring decisions. When an employer intends to deny a job based on the report, they must first send a pre-adverse action notice.
This notice must include a copy of the background report and a summary of FCRA pre-adverse action rights. The rule comes from 15 U.S.C. § 1681b(b)(3).
If Walmart or another employer denies a job without sending this notice, it may be considered a Walmart FCRA violation pre-adverse action.
Final Adverse Action Notice - Explains the Denial
After the pre-adverse notice period, if the employer proceeds with the decision, they must send an adverse action notice explaining the denial. These FCRA adverse action notice requirements exist so applicants have a chance to review the report before losing the job opportunity.
Sometimes applicants who failed a Walmart background check report problems such as background check adverse actions without a report or failure to provide the background report before the decision, both of which may violate the FCRA.
How to Dispute a Failed Walmart Background Check
If you failed a Walmart background check, the first step is to review the report carefully. Many applicants say things like “I need to review my background check” or “Can someone evaluate my dispute?” because they want to understand exactly what information caused the hiring decision.
Step 1: Request and Review Your Background Check Report
A lot of Walmart screenings come from First Advantage background check (Walmart) reports. Candidates can obtain copies of their report through the candidate portal. Once you get the report, examine it closely for potential errors. Look for issues such as:
- Background check flagged incorrectly
- Expunged record reported
- Mixed file background check issues
These mistakes can cause applicants to fail a background check even when the information does not belong to them or should no longer appear.
Step 2: Identify Possible Background Check Errors
Look for anything inaccurate, false, misleading, incomplete, outdated, duplicate, or unreportable. For instance,
- Someone else’s criminal record on the report
- An expunged record that showed up on you Walmart background check
- Incorrect reporting about criminal charges, disposition, or felony status
- Missing or inaccurate employment history information
Situations like these may indicate inaccurate or outdated information in the report.
Step 3: Dispute Incorrect Information Under the FCRA
If you failed a Walmart background check and the information in the report is wrong, you have the right to dispute background check mistakes. Under the FCRA, the consumer reporting agency (CRA) must investigate disputed information. We recommend disputing errors by certified mail because it creates a clear paper trail and date tracking that remains in your control.
The law requires an FCRA investigation generally within 30 days from the date the dispute is received. During this time, the reporting company must verify the information with its sources or remove it if it cannot be confirmed.
When to Seek Legal Help for Background Check Errors
You may have to escalate your dispute into a lawsuit if any of these situations apply:
- You tried to fix Walmart background check errors but your dispute was ignored or mishandled
- The background check company missed the 30-day FCRA investigation deadline
- The errors were removed, but reappeared again later
- The errors in your Walmart background check cost you a job, damaged your reputation, or caused another harm
Seeking legal help for errors that caused a failed Walmart background check by consulting a background check dispute attorney is a great way to determine the full scope of your legal options.
Legal Claims for Background Check Errors
When inaccurate reports cause employment harm, you can pursue claims involving FCRA violations for Walmart background checks.
In some situations, consumers pursue legal action and sue background screening companies responsible for the inaccurate report. Cases involving First Advantage Walmart screenings and Sterling background checks (Walmart) - sometimes include claims where consumers attempt to sue First Advantage for inaccuracies or challenge unreasonable procedures accuracy FCRA violations.
But other claims can be brought against employers for failing to follow FCRA adverse action notice requirements. So, while most Walmart background check lawsuits target First Advantage, a Walmart screening provider, sometimes there’s grounds for suing Walmart, too.
Fee Shifting Makes Them Pay
The FCRA also includes provisions about fee-shifting for FCRA attorney’s fees. This means that if you prove that an FCRA violation is the reason why you failed a Walmart background check, the responsible company has to pay your attorney’s fees, in addition to giving you compensation.
If you failed a Walmart background check because of false information, you may have legal rights under the Fair Credit Reporting Act (FCRA). A background check mistake shouldn’t be the thing that holds your future back.
Get Corrections and Compensation with Consumer Justice Law Firm
The experienced employment background check lawyers at Consumer Justice Law Firm walk you through the entire process from filing a Walmart background check dispute to filing a lawsuit. You can reach out at any step in the process and we’ll provide personalized legal guidance to get you the corrections and compensation you deserve.
The background check company pays our legal bills when we win.
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Frequently Asked Questions
Different offenses may affect hiring depending on the position and how recently they occurred. Walmart generally evaluates criminal history on a case-by-case basis.
Some roles may still be available depending on the circumstances, criminal history, and how long ago the offense occurred.
A pre-adverse action notice is a warning that an employer may deny employment based on a background report. It gives applicants time to dispute inaccuracies.
The FCRA allows consumers to receive copies of their reports, dispute inaccurate information, and hold reporting agencies accountable for inaccurate reporting.
You submit a dispute to the background check company that created the report and request that they investigate incorrect information. It’s best to dispute through certified mail.
The reporting agency must conduct an investigation and respond within the FCRA investigation 30 days timeline.
Not by law. Under the FCRA, employers must provide the report and a pre-adverse action notice before denying employment based on the report. In practice, this does not always happen and can be grounds for a claim against the employer.
If you failed a Walmart background check and your Walmart screening was conducted through First Advantage, you can file a dispute directly with the company through its candidate portal or dispute system. We recommend certified mail to preserve your rights and create a document trail. The consumer reporting agency must investigate the disputed information and verify the accuracy of the report.
Ban the box laws are state and local regulations that limit when employers can ask about criminal history during the hiring process. These laws are designed to give applicants with criminal records a fair chance to be considered before a background check occurs.
Yes. If you discover incorrect information, you can dispute the report with the consumer reporting agency and request that they correct inaccurate background report details. The company must investigate the dispute under the Fair Credit Reporting Act.
Some law firms like, Consumer Justice Law Firm, offer a free case review background check consultation to evaluate whether an inaccurate report or FCRA violation may have caused you to lose a job opportunity.