How Do You Know If You Failed An Employer Background Check?

Last Updated: Dec 04, 2022

Background checks run by an prospective employer are subject to the FCRA.

If the background check fails, the prospective employer is required to notify you in writing.

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Companies use background checks to verify details presented by a prospective employee. This is done to ensure the candidate has been truthful and transparent about their credentials, and to avoid any potential hiring risks. An employer may only run a background check with the prospective employee’s consent.

How Do I Know If I Passed Or Failed An Employer Background Check?

In terms of the Fair Credit Reporting Act (FCRA), an employer is only obligated to share information from a background check with a candidate, IF that information is used to disqualify them. A candidate is not legally entitled to the information if it is not used to disqualify them.

If you have given consent to a prospective employer to conduct a background check and are disqualified; ask them if the decision was based on information from the background check that was used so that you can enforce your rights if necessary.

Must Applicants Be Notified Of The Results?

The FCRA compels employers to issue a written “pre-adverse action notice” to candidates who have been disqualified based on the results of a background check. The notice should:

  • Include the basis for a candidate’s disqualification,
  • State the name, address, and contact details of the entity that conducted the check,
  • Guarantee the background check company had no contribute to disqualify,
  • Make a free copy of the report available, and
  • Summarize a candidate’s rights and specify that they may dispute any inaccurate findings with the background check company conducting the check.

How To Run A Background Check On Yourself?

Running a background check on yourself is highly advised. This can help you to verify or dispute any information in a background check report that they might provide.

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