Quick Answer
You know you failed an employment background check when you receive a pre-adverse action notice from the employer indicating that your background check report shows negative information that may prevent you from being hired or that may be grounds for termination or deactivation if you are already employed.
What Are the Signs You Failed a Background Check?
Whether or not a formal adverse action notice is received, many people assume they failed an employment background check based on certain signs like a conditional job offer being rescinded without explanation, the hiring process suddenly slowing down, or employer interest just dropping off. These may, in fact, be signs that you failed the screening.
Common signs you failed a background check
- Receiving a pre-adverse action notice (before a final hiring decision has been made)
- Receiving a final adverse action notice (after a final hiring decision has been made)
- Delays in the hiring process after the background check begins
- A screening portal showing statuses like “review,” “consider,” “not cleared,” or “incomplete”
- An employer asking questions about criminal history or discrepancies in your background check report
- Sudden communication delays after interviews or conditional job offers
Under the Fair Credit Reporting Act (FCRA), employers must notify applicants when background check information influences a hiring decision. Failure to send an adverse action notice is a violation of the FCRA.
Will an Employer Tell You If You Failed?
Yes. An employer will typically tell you if you failed an employment background check. If an employer decides not to hire you based on information in a background check, the Fair Credit Reporting Act (FCRA) requires the employer to provide notice before making a final decision.
Employers must send a pre-adverse action notice that includes a copy of the report and a summary of your rights under the FCRA. After allowing time for you to review and dispute potential errors, the employer may then send a final adverse action notice.
However, employers do not automatically verify whether a background check report is accurate. Reviewing the report and disputing errors is typically the applicant’s responsibility.
What Causes a Failed Background Check?
The primary cause of a failed background check is the presence of negative information that violates the standards established for the company, the profession, or the specific position. It can also include the absence of critical information that was expected to be present (such as previous job experience listed on a resume, but not reflected on your background screening).
Common reasons people fail background checks in hiring:
- Criminal convictions, especially felonies and violent offenses
- DWI or DUI convictions
- Turning up on a sex offender registry or watchlist
- Falsified employment or education history
- Failed drug screenings
- Large gaps or inconsistencies in application information
Negative items like these examples can cause a failed background screening even if the information itself is false, inaccurate, misleading, incomplete, or unreportable.
Examples of background check errors
- Mixed-file mistakes (when someone else’s information is mixed into your information)
- outdated records
- duplicate entries
- false information generated by identity theft
- incorrect charges
- failing to indicate the outcome (charges dropped or never filed, arrested but never charged, tried, but not convicted, etc.)
- expunged or sealed records being reported
What Should You Do If You Failed a Background Check?
If you failed a background check, you should review the screening report carefully and speak to the employer to understand why you failed. If the negative information in the background report is false, inaccurate, misleading, incomplete, or unreportable, you should dispute it. If the information is accurate, you should ask the employer if you can provide an explanation or additional information for context and see if they’ll reconsider.
Steps to Take if you Failed a Background Check
- Respond Quickly to a Pre-Adverse Action Notice
- If you received a pre-adverse action notice, act quickly. Employers may move forward with a final hiring decision after a short waiting period. The notice gives you a small window of opportunity to dispute and correct inaccurate information.
- Ask the Employer Why You Failed
- Ask the employer to specify which information in your background check report caused the decision to deny you employment or release you from employment.
- Request a Copy of the Report
- Request a copy of the background check report and review it carefully for erroneous, incomplete, misleading, duplicate, missing, or outdated information. Be sure to review the specific information that was used in the employer’s hiring decision.
- Compile Supporting Documents
- If you’ve identified an error, collect documents supporting your dispute. These may include - court records, dismissal orders, identification documents, employment records, or anything else that validates, confirms, or verifies the facts.
- Dispute Background Check Errors
- Dispute inaccurate information directly with the background screening company as soon as possible. Disputing through certified mail helps preserve your rights, creates a document trail, and keeps you in control of tracking the dates. Remember to keep copies of all documents and communications related to the dispute.
- Contact a Background Check Attorney
- If false or inaccurate information caused you to lose a job opportunity, consider contacting a consumer protection attorney or background check attorney for guidance about your rights under the Fair Credit Reporting Act (FCRA).
How a Background Check Attorney Helps
Sometimes, the only way to get a background check company to correct errors contained in a report is to seek legal help. An attorney can help with the process by:
- reviewing the report
- researching the relevant law
- identifying supporting evidence
- communicating with the reporting agency
- filing disputes
- pursuing legal action under the FCRA
- seeking compensation for financial, reputational, professional, emotional, and other harm
Frequently Asked Questions
Can you fail a background check and still get hired?
Yes. Employers sometimes have discretion to make hiring decisions despite the background check results, if corporate or organizational guidelines allow. Employers use different hiring standards, and some companies may still hire applicants depending on the type of negative information that showed up in a background screening. Some employers may want to ask clarifying questions of an applicant or get greater insight before making a final decision.
How long does it take to hear back after a background check?
Timelines vary by employer and screening company. Some background checks are completed within days, while others may take several weeks.
Do all employers send adverse action notices?
Employers generally must send adverse action notices when making employment decisions based on information in a background check. Failure to send a pre-adverse action notice can be a violation of the Fair Credit Reporting Act, which is a federal law.
Will a background check show dismissed charges?
Sometimes. Dismissed charges may still appear on some background check reports, depending on the reporting source, state law, and whether records were updated properly. If dismissed charges appear on your background check report, you should speak with a background check lawyer to assess whether the presence of this information was lawful.
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