What Should Employers Do When a Background Check Finds a Record?

Start by confirming what the report says

Confirm the candidate identifiers, search scope, source, jurisdiction, dates, disposition, and status before drawing a conclusion. A possible or name-only match may need source confirmation or additional identifying information.

Separate arrests, pending matters, convictions, dismissed cases, and other outcomes. Report terminology and applicable use rules can differ.

Evaluate role relevance and consistency

Official EEOC guidance encourages employers to consider job-related factors rather than relying on blanket exclusions. The employer’s written criteria, the nature and gravity of the conduct, time elapsed, and duties of the position may be relevant depending on the circumstances and applicable law.

Apply the same documented process to similarly situated candidates. Record who reviews the matter and when qualified legal or human-resources guidance is required.

Give the candidate the required process

If consumer-report information may contribute to an adverse employment decision, the FCRA generally requires a pre-adverse process before the decision becomes final. The individual receives the report and applicable rights information and has an opportunity to review or dispute it.

State and local rules may add individualized assessment, notice, timing, or prohibited-use requirements. Use current forms and qualified counsel.

Handle disputes and updated information

• Pause the final decision while the applicable review process is open.
• Follow the consumer reporting agency’s dispute channel.
• Review corrected or updated information.
• Do not ask the screening provider to make the employment decision.

Complete the documented workflow

If the employer proceeds after the review process, send the appropriate final notice and retain records according to the organization’s policy and applicable requirements.

Review Pre-Adverse Action vs. Adverse Action and the FCRA process overview.