Employment background checks are an essential part of the hiring process, helping organizations verify information and make informed hiring decisions. However, one of the most common questions employers and candidates ask is: What actually disqualifies someone during a background check?
The answer is not always straightforward. In most cases, background check results alone do not automatically disqualify a candidate. Instead, employers typically review the findings in the context of the role, company policies, and applicable laws.
Understanding how employers evaluate background check results can help hiring teams remain compliant while making fair and informed decisions.
What Can Disqualify Someone in a Background Check?
There is no single issue that automatically disqualifies someone from employment during a background check. Employers typically evaluate findings based on the nature of the issue, how relevant it is to the job, and how much time has passed since the incident. Common factors that may raise concerns during a background check include criminal convictions related to the role, falsified employment or education history, serious driving violations for driving-related positions, and suspended professional licenses. Employers must also follow federal and state regulations when considering this information during hiring decisions.
There Is No Universal Disqualifier
Many people assume there is a single issue that automatically causes someone to fail a background check. In reality, employment decisions usually involve a careful review of multiple factors.
Employers typically evaluate findings based on:
The type of information discovered
The relevance of the finding to the job
The time that has passed since the incident
Applicable federal, state, and local laws
Because hiring regulations and fair chance hiring laws vary by location, employers must avoid blanket policies that automatically disqualify candidates without proper evaluation.
Common Findings That May Raise Concerns
While each employer sets its own hiring standards, certain findings commonly require additional review. Let's take a look at some of the more common causes for review:
Criminal Convictions
Criminal convictions are one of the most common areas reviewed during a background check. Employers may consider the seriousness of the offense and whether it relates to the responsibilities of the position.
For example, roles involving financial responsibility may require closer review of theft or fraud-related convictions, while positions that involve driving may review motor vehicle records.
Many employers follow guidance from the Equal Employment Opportunity Commission (EEOC), which recommends evaluating criminal history using an individualized assessment.
Employment Verification Issues
Background checks often include verification of a candidate’s employment history. Discrepancies between what a candidate reports and what previous employers confirm can raise concerns.
Examples may include:
Misrepresented job titles
Incorrect dates of employment
Unreported employment gaps
Minor discrepancies may simply require clarification, but significant misrepresentation can impact hiring decisions.
Education Verification Discrepancies
For positions requiring specific educational credentials, employers may verify degrees, certifications, or licenses.
If a candidate claims a degree or credential that cannot be verified, employers may request additional documentation or clarification.
Intentional misrepresentation of academic qualifications can raise concerns about the accuracy of other information provided during the hiring process.
Driving Record Issues
For positions that involve operating company vehicles or driving as part of the job, employers may review motor vehicle records.
Certain violations—such as repeated DUI offenses, license suspensions, or excessive violations—may affect eligibility for driving-related roles.
Professional License Issues
Some positions require active professional licenses or certifications. Employers may verify that licenses are:
Active
In good standing
Free of disciplinary actions
If a license is suspended or revoked, it may impact eligibility for positions that require that credential.
Drug Test Results
For many employers, drug testing is conducted as part of the pre-employment screening process, particularly in industries where safety, transportation, healthcare, or regulatory compliance are involved.
If a candidate tests positive for prohibited substances during a pre-employment drug screening, it may affect their eligibility for the role. In some cases, candidates may be given an opportunity to provide documentation for legally prescribed medications that could affect test results.
Drug testing policies can vary by employer and may also be influenced by federal, state, and local regulations. For example, certain jurisdictions have updated laws related to cannabis use and when it can be considered in hiring decisions. Employers should ensure their drug testing policies align with applicable laws and clearly communicate their requirements to candidates during the hiring process.
Falsified Information on an Application
Background checks often reveal discrepancies between the information a candidate provides during the hiring process and what can be verified through screening. Many employers also use tools such as an SSN trace to help identify previous addresses and confirm candidate identity before conducting additional background searches.
Examples of potential issues may include:
Misrepresented job titles or responsibilities
Incorrect employment dates
Unreported employment history
Degrees or certifications that cannot be verified
In some cases, discrepancies may simply result from misunderstandings or incomplete information. However, significant or intentional misrepresentation may raise concerns about the accuracy of the candidate’s application and could influence an employer’s hiring decision.
Employers typically review discrepancies carefully and may give candidates an opportunity to clarify or provide supporting documentation before making a final determination.
The Role of Fair Chance Hiring Laws
Many jurisdictions have adopted fair chance hiring laws, often referred to as “ban-the-box” regulations. These laws are designed to give individuals with criminal histories a fair opportunity to compete for employment.
Under these laws, employers may be required to delay criminal background checks until later in the hiring process, often after a conditional job offer has been made.
Employers must also ensure that hiring decisions are based on job-related considerations rather than blanket disqualification policies.
Why Individualized Assessments Matter
When evaluating certain background check findings—especially criminal history—many employers use individualized assessments.
This typically involves considering:
The nature and seriousness of the offense
The time that has passed since the offense occurred
Whether the offense is relevant to the job responsibilities
This approach helps employers make fair decisions while maintaining compliance with federal guidance and local regulations.
Maintaining Compliance During the Screening Process
Employers using background screening services must also follow the requirements of the Fair Credit Reporting Act (FCRA) when making hiring decisions based on background reports.
If an employer is considering adverse action based on a background check, the FCRA requires a two-step notification process that allows the candidate an opportunity to review and dispute the information before a final decision is made.
Maintaining consistent procedures and clear documentation throughout the hiring process helps reduce compliance risks.
See how VeriFirst helps HR teams stay compliant with criminal record filtering and hiring decisions:
Background checks are an important tool for helping employers verify information and protect their organizations. However, most findings do not automatically disqualify candidates.
Instead, employers typically review background check results carefully, considering the relevance of the information, applicable laws, and the responsibilities of the position.
By following consistent screening policies and compliance guidelines, organizations can make informed hiring decisions while maintaining fair and responsible hiring practices.
Frequently Asked Questions
Can someone fail a background check?
A background check itself does not produce a pass or fail result. Instead, employers review the information returned and determine whether it affects the candidate’s eligibility for a specific role.
Will a misdemeanor show up on a background check?
Yes. Many background checks include misdemeanor convictions, depending on the type of screening conducted and applicable reporting laws.
What happens if a background check finds incorrect information?
Candidates have the right to dispute inaccurate information with the background screening provider, who will investigate the claim.
Employers interested in learning more about how modern background screening works can explore additional resources on the VeriFirst blog.
