What Makes You Fail a Background Check?

Navigating the world of employment, housing, and even volunteer opportunities often involves a background check. While the term "background check" can sound daunting, understanding what specifically can lead to a failed check is crucial for preparedness and peace of mind. This article aims to demystify the process, providing detailed answers to what might cause you to not pass. It's important to remember that the exact criteria for passing or failing a background check vary significantly depending on the purpose of the check and the specific policies of the requesting entity.

Criminal Records: The Most Common Reason

The most significant factor that can cause you to fail a background check is your criminal history. This encompasses a wide range of offenses:

Felony Convictions: These are the most serious crimes and are almost always disqualifying for most positions, especially those involving public trust, handling money, or working with vulnerable populations. Examples include murder, arson, robbery, grand theft, and serious drug offenses.
Misdemeanor Convictions: While less severe than felonies, certain misdemeanors can still lead to a failed background check. This is particularly true for crimes involving theft, assault, public intoxication, drug possession, or driving under the influence (DUI/DWI). The recency of the offense often plays a role; more recent convictions are typically viewed more critically.
Pending Arrests and Charges: In some cases, even if you haven't been convicted, an ongoing arrest or pending criminal charge can be grounds for a failed background check. This is because the individual is still considered to be under legal scrutiny for a potentially serious offense.
Expunged or Sealed Records: Generally, expunged or sealed criminal records should not appear on a background check. However, errors can occur, and some background check services may have limitations in accessing these records. It's always wise to ensure your records have been properly expunged or sealed if you have had them cleared legally.
Outstanding Warrants: An active arrest warrant will almost certainly lead to a failed background check and, potentially, immediate legal consequences.

Types of Criminal Records Searched

Background checks typically involve searching several databases, including:

State and local criminal record repositories.
Federal criminal databases (like the FBI's National Instant Criminal Background Check System - NICS - for firearm purchases).
Sex offender registries.

Driving Records: Important for Certain Roles

For positions that involve driving, such as delivery drivers, truck drivers, or any role requiring the use of a company vehicle, your driving record is a critical component of a background check:

Multiple DUIs/DWIs: A history of driving under the influence is a major red flag. The number of offenses and the recency are key factors.
Reckless Driving Convictions: Similar to DUIs, convictions for reckless driving indicate a disregard for safety.
Suspended or Revoked License: An inability to legally operate a vehicle will disqualify you for driving-related roles.
Serious Traffic Violations: A pattern of significant speeding tickets or other moving violations can also raise concerns.

Credit History: For Positions of Financial Trust

While not universally checked, credit history is a significant factor for roles that involve handling money, financial responsibility, or access to sensitive financial information. These checks are governed by the Fair Credit Reporting Act (FCRA).

Poor Credit Score: A consistently low credit score can indicate financial irresponsibility.
Bankruptcies: Recent bankruptcies can be a concern, especially if the position involves significant financial decision-making.
High Levels of Debt: Substantial outstanding debt might raise questions about an individual's financial stability.
Judgments and Liens: Unpaid legal judgments or tax liens can signal financial distress.

Why is Credit Checked?

Employers often check credit for roles where financial integrity is paramount, aiming to mitigate risks like fraud or embezzlement.

Employment and Education Verification: Inaccuracies and Gaps

While not typically a direct cause for *failing* a background check, significant discrepancies in your employment or education history can lead to a rejection or loss of a job offer. This is more about accuracy and honesty:

Fabricated Employment History: Lying about past jobs, job titles, or dates of employment.
Inflated Responsibilities: Exaggerating your duties or achievements in previous roles.
False Education Credentials: Claiming degrees or certifications you do not possess.
Unexplained Gaps in Employment: While not always disqualifying, very long or frequent unexplained gaps can sometimes prompt further scrutiny. Honesty about these gaps is usually the best approach.

Drug and Alcohol Testing: Pre-Employment Screening

Many employers, especially in safety-sensitive industries, require pre-employment drug and alcohol testing. Failing these tests is an immediate disqualifier.

Positive Drug Test: Detection of illegal substances like marijuana (depending on state laws and company policy), cocaine, opioids, amphetamines, etc.
Positive Alcohol Test: While less common for pre-employment than for ongoing testing, high blood alcohol content can also be a reason for failure.

What Drugs are Typically Tested For?

Common panels test for marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP). Some tests may include other substances like benzodiazepines or barbiturates.

Civil Records: Less Common but Possible

In some specific industries or for certain high-level positions, civil records might be reviewed:

Lawsuits: Significant civil judgments against you, particularly those related to fraud, negligence, or breach of contract, could be a concern.
Evictions: For rental applications, a history of evictions is a major reason for denial.

Identity Verification Issues

While not a failure in the sense of having a negative record, an inability to verify your identity can lead to a background check not being completed, effectively preventing you from passing.

Mismatched Information: Discrepancies between the information you provide (Social Security number, date of birth, address history) and what is found in official records.
Lack of Verifiable Identification: Not having the necessary documentation to confirm your identity.

Public Records: Sex Offender Registries

As mentioned earlier, being listed on a state or national sex offender registry is a definitive reason for failing a background check, especially for roles involving children or vulnerable adults.

What to Do if You Think You Might Fail

If you are concerned about an upcoming background check, it's a good idea to:

Obtain a copy of your own credit report: You are entitled to one free report annually from each of the three major credit bureaus (Equifax, Experian, TransUnion).
Review your criminal history: You can often request a copy of your criminal record from local or state law enforcement agencies.
Be honest and upfront: If you know there's a potential issue, it's often better to address it proactively with the employer or leasing agent rather than letting them discover it unexpectedly.

The Role of "Ban the Box" and Fair Chance Laws

It's important to note that in many states and cities, "Ban the Box" laws and Fair Chance Hiring initiatives restrict when employers can ask about criminal history. These laws generally prohibit asking about criminal records on initial job applications and require employers to consider a candidate's qualifications before inquiring about or making decisions based on criminal history. However, they do not prevent background checks from occurring later in the hiring process.

Frequently Asked Questions (FAQ)

How long does a background check typically take?

The duration of a background check can vary widely, from a few hours to several weeks. Standard checks involving criminal records, employment, and education verification often take 3-7 business days. More comprehensive checks or those requiring manual verification from multiple sources can take longer.

Why do employers conduct background checks?

Employers conduct background checks to ensure the safety and security of their employees, customers, and assets. They aim to verify an applicant's qualifications, assess their trustworthiness, and mitigate potential risks associated with hiring individuals with concerning past behaviors.

Can a pending charge cause me to fail a background check?

Yes, a pending criminal charge can indeed cause you to fail a background check. Even without a conviction, the presence of a serious pending charge indicates that you are under legal investigation for a crime, which many employers view as a significant risk.

What is the difference between a criminal record and a civil record?

A criminal record involves offenses against the state or federal government, punishable by fines, jail time, or imprisonment (e.g., theft, assault, drug possession). A civil record, on the other hand, pertains to disputes between individuals or organizations, typically seeking monetary damages or specific actions (e.g., breach of contract, personal injury lawsuits, evictions).

Are there laws protecting me if a background check is inaccurate?

Yes, the Fair Credit Reporting Act (FCRA) provides consumers with rights regarding background checks performed by third-party agencies. If a background check contains inaccurate information that leads to adverse action (like not getting a job or apartment), you have the right to dispute the information with the reporting agency and the entity that used the report.