Before getting too far into the answer to that question, it’s important to first define what “failure” means in this context. No one actually “fails” a background check; screening providers don’t mark their reports with pass or fail marks. They simply provide the facts to the employer in a confidential report that’s then used to make final hiring decisions. “Failing” a background check is simply a shorthand way to indicate that a background check comes back, including red flags.
There’s no single definitive list of findings that will or will not bother an employer. The answer really depends on the position and the willingness of the individual employer to tolerate risk. That said, fraud, violent crimes, and abuse are consistent causes for disqualification.
How does an employer determine what constitutes “passing” or “failing” a background check? The following are examples of how many employers evaluate background check findings:
● Consider time. How long has it been since the infraction was committed? Lots and lots of people make stupid decisions when they’re young, stupid decisions that can linger on a criminal record for a long time. Time really does make some mistakes irrelevant.
● Consider circumstances. Is a disorderly conduct conviction incurred in the course of a civil protest relevant? Is a trespassing conviction garnered during a reckless pledge week in college pertinent to the job? Was the ticket for speeding given in a school zone or on the highway in the middle of nowhere? Getting the whole story sheds important light and makes many red flags decidedly pink.
● Consider rehabilitation. People can and do change, thank goodness. A pattern of restitution and recovery lessens the impact of a mistake.
● Consider the explanation. FCRA compliant background checks allow the applicant time to see their report and present their side of the story.
● Conduct a personal review. Finally, managers and HR professionals involved in hiring decisions personally review and discuss background check results prior to making a decision. Leaving this review to a computer algorithm risks disqualifying an individual unfairly, but a real conversation creates space for considering the extenuating circumstances and other factors so critical to sound and fair hiring.
● Measure results against the written policy. A clear, written policy helps many employers evaluate background check results fairly and apply adverse actions equally.
While there’s no one right answer to evaluating background check results, there is a right answer for your organization. Talk to your legal counsel and background check vendor about creating a policy that’s both fair and in the best interest of your organization.