Written by Background Check Repair
Background Checks | July 1, 2024
Table of Contents
How do you know if you failed an employer background check? Background checks are a common practice in the employment verification process, although the specifics of a background check may change with the company, the position, and the industry.
Before reviewing the workplace policy on disqualifying offenses, an applicant should try this: conduct a background investigation on yourself to see exactly what appears on a background check.
The process is simple.
Knowing what shows up on a background check and how to ensure your history meets the standards set by a potential employer (like by expunging a conviction) can help you avoid being disqualified from a position.1
The good thing is that employers are required by law to inform candidates of their decisions to dismiss them based on the results of a background check.
Knowing how to obtain a criminal background check is the first step. An employment screening will generally include a number of public records, including driving records (if applicable to the job, like with an Uber background check), address history, credit information and sometimes social media profiles.
But, arguably, it is the free criminal background screening that will determine passing or failing.
A background check cannot be conducted without someone’s permission, and they must be informed of the results before a record can be used to eliminate them from consideration for a job.
To get a background check, there are two options:
Once that’s done, applicants can examine their record for any red flags that might disqualify them.
Many people wonder, “How do I find out if I passed my background screening?” The answer to that depends on a number of conditions, namely what the company requires. So, it’s a good idea to find out what the company’s policies are.
Employers often undertake research on applicants’ pasts before hiring them, investigating candidates’ backgrounds, including their past jobs, schooling, criminal records, and credit ratings.
The following nine red flags can lead to a failed background check after a job offer.
A failure to pass a background check could result from irregularities in someone’s employment history. Problems can arise when an applicant’s employment history doesn’t add up or when they give misleading information about prior employers, duties, tenure, or other details. If an employer sees any of these, they may doubt a candidate’s reliability and honesty on the job. Suppose a person doesn’t want to fail a background check because of something like this. In that case, they should give a complete and honest account of all work experience and quickly address any significant gaps in employment in the cover letter.
Background checks can be failed if they find false or misleading information6 on a candidate’s resume or other application materials. To guarantee that the information on the resume is correct, many employers do background checks to verify previous work experience, education, certifications, and skills. If asked, an applicant should only include experience, education, and certifications that accurately represent their background.
Background checks can be difficult to pass if someone has a criminal history. A criminal background can be a deal-breaker, albeit it depends on the case’s specifics. If the person is seeking a position in a profession that deals with people’s safety or classified info, such as enforcement agencies or healthcare, the employer will likely prioritize candidates who demonstrate reliability and accountability.
A person with a minor criminal record may be asked to explain what happened and give examples showing their maturity and sense of responsibility.
Managers looking to hire new staff members often do background checks by contacting candidates’ prior places of employment to inquire about their work ethic and overall performance. It’s possible that they won’t pass the background check if their references have anything unfavorable to say about their work performance.
(Image: U.S. Equal Employment Opportunity Commission7)
Potential employers may be interested in learning whether or not they can work effectively with others, receive constructive comments, and use them to improve their work. Their references must attest to the stated skills and experience.
An applicant should provide references from former supervisors with productive working relationships.
Bad driving records are often a sign of carelessness and a lack of accountability. If someone is seeking a job that requires the operation of a motor vehicle, the hiring company may conduct a driver history check.
A bad driving record on the MVR report can prevent a person from getting specific jobs. Jobs that emphasize this are:
If an applicant is interested in one of these careers but worries their driving record will prevent them from being hired, they should look into other opportunities in the industry that don’t require them to drive. If a person is interested in working with law enforcement but doesn’t have a criminal justice degree, they can consider becoming a 911 operator. They might try their hand at construction jobs like carpentry or masonry work if they’re interested in becoming a crane operator.3
To get hired, the company may require individuals to submit a drug or alcohol test. The substance(s) tested for and the frequency(s) with which they will be required to submit to further testing after hiring are all matters that the prospective employer will determine.
Some jobs, such as those requiring the handling of heavy equipment or prescription medications, as well as those requiring the protection of others, may demand that applicants pass a drug or alcohol test. If a candidate is looking for one of these jobs, staying sober and drug-free is essential.
Credit checks are standard in the financial industry and may be performed by some potential employers. A good credit score might show that a person is careful with their finances, while a bad one can show that they are not. An applicant should maintain good credit habits so that a check of their background doesn’t come up negatively.
Responsible credit practices include timely payment of all credit card bills, avoiding the accumulation of interest charges, and making only necessary withdrawals from any available credit.
Legal precedents and statutes exist to safeguard the privacy of job seekers’ online profiles.
Social media monitoring is not required as part of a background check. Still, many companies use it manually or through a screening service to learn more about a candidate’s personality traits beyond what can be known in an interview.
It is common practice for prospective employers to search for inflammatory or otherwise inappropriate content.
Employers analyze candidates’ certificates, training, and educational records for deception. CRAs perform education background investigations for companies. These services authenticate high school education, vocational qualifications, and undergraduate and graduate credentials.
A background check discloses candidates’ high school and college enrollment, majors, and degrees. However, these checks don’t verify licenses; only professional license verification offers background screening services.4
The temptation to embellish a CV7 grows stronger when someone has trouble finding work. Claims that do not line up with reality, such as an individual’s higher learning history, might be revealed by an education authentication background check. If the candidate claims to have attended a particular school but did not graduate with the degree or certification they say they earned, they should address this issue.
How do you know if you failed an employer background check? Background checks often won’t reveal a termination from a former employer, but there are exceptions. Some businesses require applicants to disclose their last job termination circumstances, while others inquire directly about termination history. The applicant must tell the truth for the questions to be answered correctly.
Although a past termination may not necessarily exclude someone from a position, failing to disclose it after starting a new job could jeopardize their career. If anyone reveals that they were fired from a previous role, they should be prepared to discuss the specifics of their dismissal. The person has already given the information the firm needs, so whether or not the layoff pops up on a background investigation is irrelevant.
When conducting pre-employment background investigations, CRAs access and evaluate 8 data from local, state, county, and federal archives. Convictions for either a misdemeanor or felony and any pending criminal cases may be disclosed.
| Criminal Disqualifier for Employment | Jobs and Industries that Exclude |
| Felony Murder | Most Jobs, Healthcare, Child Care, Government Positions |
| Conspiracy or espionage against a government. | Most jobs Staffing Agencies Trucking and Delivery Criminal Justice Careers Food and Beverage Industry Education Jobs Government and Licensing Private Industry |
| Inciting or planning a rebellion against the government. | Most Jobs Staffing Agencies Trucking and Delivery Criminal Justice Careers Food and Beverage Industry Education Jobs Government and Licensing Private Industry |
| A crime of treason or a plot to commit treason. | Most Jobs Staffing Agencies Trucking and Delivery Criminal Justice Careers Food and Beverage Industry Education Jobs Government and Licensing Private Industry |
| Terrorism under federal law, as defined in 18 U.S.C. 2332b(g), or under state law with equivalent provisions, or the conspiracy to commit either. | Most Jobs Staffing Agencies Trucking and Delivery Criminal Justice Careers Food and Beverage |
| A breach in the safety of a public transportation system. As defined by 46 U.S.C. 70101, a transportation security incident is a security incident that results in a severe loss of life, environmental damage, disruption of transportation systems, or economic disturbance in a specific area. | Most Jobs Staffing Agencies Trucking and Delivery Criminal Justice Careers Food and Beverage |
| The unlawful transport of dangerous materials violates Section 5124 of Title 49 of the United States Code or a similar provision of State law. | Most Jobs Staffing Agencies Trucking and Delivery Criminal Justice Careers Food and Beverage Industry Education Jobs Government and Licensing Private Industry |
| Any of the following violations involving explosives or explosive devices: illegally owning, using, selling, distributing, manufacturing, purchasing, receiving, shipping, transporting, importing, exporting, storing, or dealing with them. | Most Jobs Staffing Agencies Trucking and Delivery Criminal Justice Careers |
| Threatening to deliver, place, or detonate a bomb or other deadly object in or against a public venue, a state or government building, a public transport network, or an infrastructure facility, or intentionally transmitting misleading info knowing that to be false. | Staffing Agencies Trucking and Delivery Criminal Justice Careers Food and Beverage Industry |
| Criminal conduct in violation of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. 1961 et seq.) | Most Jobs Staffing Agencies Trucking and Delivery Criminal Justice Careers |
The federal background screening is more extensive than employment investigations. This procedure aims to confirm that the prospective employee is trustworthy and honest. Positions in the federal government, positions involving money management or finances, posts requiring a high-security clearance, and positions at the executive level generally necessitate a federal and multi-state background check.4, 5
(Image: National Archives8)
Here are the disqualifiers:
How do you know if you failed an employer background check? At least five business days must elapse before the company can legally withdraw the job offer or replace the candidate with another applicant. Anyone should ensure the employer is not violating their rights under the FCRA9 if they were offered a job and then failed a background check afterward or even before starting work. If they are not, they may have grounds for legal action.
An unsuccessful background check doesn’t imply anyone can’t receive a job, loan, or other incredible achievements if the data is incorrect and they remedy it. So, how do you know if you failed an employer background check…run one on yourself to see what shows up and the records that may disqualify you from a specific position to find out for sure.
The employer will notify the applicant by phone or electronic mail.
A pre-employment background check10 can take between two to five business days to conduct, depending on the type of check and the amount of information required.
Employment, credit, driving, criminal, car registration, court, compensation, bankruptcy, medical, references, property, drug test results, military, and sex offender information are all things a potential employer might look into.
The organization needs a piece of data from the applicant and is waiting for a response.
Even if someone passes a background check, that doesn’t necessarily mean an employer will hire them. However, if an employer conducts a background check on an individual, it likely means they are seriously considering them for the position.
Even though 25% of people exaggerate their educational achievements on applications, only around 34% of employers evaluate the academic credentials listed on applications, according to 2004 research by the Society for Human Resource Management.
Criminal records, unexplained gaps in education, bad credit, a damaged driving record, fabricated work history, positive drug tests, and failed drug tests are some reasons someone cannot pass a background check.5
Background checks often won’t reveal a termination from a former employer, but there are exceptions.
All calls should be made no later than two days after a question-and-answer session or background check.5
Sometimes, an offer is made without any indication of whether or not the applicant has passed a background check. So make sure to run your own background check first.
Background reports find common red flags for application inconsistencies, negative comments, and previous convictions.
If a background check turns up nothing, that’s good news. Sadly, it’s likely that anyone will receive notifications about issues discovered in employment background checks on occasion.
If the business doesn’t respond or is unavailable, the corporation might request11 that the employee send copies of their W-2 forms12 for each year of employment within two days.
A person should do an Internet search to learn more about oneself. People should consider eliminating any potentially embarrassing content from their social media accounts if they discover it. Make sure the data in any criminal or judicial records are accurate. Verify that all of the information in the job record is correct.
A background check does not always indicate an employer’s decision to hire an applicant.
If the business has not previously done so, inquire about the possibility of explaining any differences.
The decision to not hire or fire an applicant based on the applicant’s background checks may be legal in some cases but also criminal in others.
The background check’s status can be found on the Accurate Applicant Status Portal. However, assistance is available if someone desires additional information at some point. The telephone number for Accurate is (800) 216-8024. Alternatively, anyone can contact Accurate via their website’s support form.
1Crosner, Z. (2019, August 7). How Long Does a Background Check Take? – Crosner Legal. Crosner Legal <https://www.crosnerlegal.com/how-long-does-a-background-check-take>
2How To Handle Background Check Errors When A Job Is At Stake. (2022, June 6). Francis Mailman Soumilas, P.C. <https://www.consumerlawfirm.com/false-employment-reports/>
3How To Know if You Failed an Employee Background Check With FAQ | Indeed.com. (n.d.). Indeed Career Guide <https://www.indeed.com/career-advice/starting-new-job/how-to-know-if-you-failed-employee-background-check>
4How Do I Know If I Passed or Failed an Employer Background Check? (n.d.). How Do I Know If I Passed or Failed an Employer Background Check? <https://www.backgroundchecks.com/blog/how-do-i-know-if-i-passed-or-failed-an-employer-background-check>
5Ways to Fail a Background Check for Employment | Monster.com. (n.d.). Monster Career Advice <https://www.monster.com/career-advice/article/most-likely-to-fail-background-checks>
6USAJOBS. (n.d.). Employer Background Check. USAJOBS. <https://www.usajobs.gov/help/faq/job-announcement/security-clearances/>
7U.S Equal Employment Opportunity Commission. (n.d.). Background Checks. U.S Equal Employment Opportunity Commission <https://www.eeoc.gov/background-checks>
8National Archives. (n.d.). Guide to Federal Records. National Archives <https://www.archives.gov/research/guide-fed-records/groups/381.html>
9Federal Trade Commission. (n.d.). Fair Credit Reporting Act. Protecting America’s Consumer <https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act>
10OPM.GOV. (n.d.). Background Check. Policy, Data, Oversight <https://www.opm.gov/policy-data-oversight/assessment-and-selection/other-assessment-methods/background-evaluationinvestigation/>
11Yale Law School. (n.d.). Corporation Request. Before You Apply: Understanding Government Background Checks <https://law.yale.edu/student-life/career-development/students/career-pathways/public-interest/you-apply-understanding-government-background-checks>
12IRS. (n.d.). W-2 Forms. About Form W-2, Wage and Tax Statement <https://www.irs.gov/forms-pubs/about-form-w-2>
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