Many applicants worry about “failing” a background check, but the reality is more nuanced than a simple pass or fail. Background checks provide information - not decisions. What matters is how that information is reviewed, interpreted, and applied to a specific role. This guide explains what a failed background check looks like, common red flags, and how organizations should handle results compliantly.
A failed background check occurs when the results of a screening do not meet an organization’s predefined criteria for a role, position, or level of access.
Importantly:
A failed background check usually results in:
These decisions must follow Fair Credit Reporting Act (FCRA) requirements.
A criminal offense that disqualifies a school volunteer may not disqualify a warehouse employee.
Schools, childcare centers, healthcare, and financial services apply stricter screening standards than many other industries.
Some offenses are legally disqualifying in certain states, especially for roles involving children.
Most organizations consider how recent an offense is and whether it relates to the role.
Examples may include:
Criminal justice overview: https://www.ojp.gov/
Many schools and youth-serving organizations automatically disqualify individuals listed on sex offender registries.
National registry reference: https://www.nsopw.gov
A background check may raise concerns if:
These issues often require clarification before a decision is made.
Common examples include:
For regulated roles, a background check may reveal:
For driving roles, disqualifiers may include:
Ensure the record belongs to the correct individual.
Court record reliability reference: https://www.ncsc.org
Ask whether the offense directly relates to job duties.
Older offenses may carry less weight than recent ones.
Decisions must be consistent across all applicants.
EEOC fair hiring guidance: https://www.eeoc.gov/eeoc-guidance
If an organization decides not to move forward based on a background check, it must follow the adverse action process.
This includes:
Adverse action overview: https://www.choicescreening.com/background-screening-resources/dispute-employer
Skipping these steps is a compliance violation.
Organizations that handle failed background checks properly gain:
Bchex supports organizations by providing:
Bchex helps ensure decisions are informed, fair, and defensible.
A failed background check doesn’t mean automatic rejection - it means information was found that requires review. When organizations apply consistent criteria and follow adverse action procedures, they protect both their people and their compliance posture.
Need help reviewing background check results fairly and compliantly?
Bchex provides accurate screening and built-in compliance tools to help organizations make confident decisions.
Q: Does one offense automatically mean failure?
No. Most decisions depend on job relevance, severity, and timing.
Q: Can applicants dispute a failed background check?
Yes. The adverse action process allows disputes and corrections.
Q: Who decides if a background check fails?
The employer or organization—not the screening provider.
Q: Do background checks show all crimes?
Only records available through public sources and legal searches.
Q: Can a background check be wrong?
Yes. That’s why compliance and dispute rights are critical.