What to do if you fail a background check after a job offer

An employer can legally choose not to hire you based on a background check. Even after you receive a conditional job offer.

Sometimes, there’s nothing you can do to change that. 

But there are also cases where the decision is influenced by factors that are either questionable or easily fixed—and taking proper action could land you that job after all.

So, let’s have a look at failed background checks and what you can do after receiving the bad news.

Let’s start by understanding what it actually means to “fail a background check.”

You can’t technically fail it like you would an exam. There aren’t any grades or scores for background checks.

Background checks simply verify your information and point out any inconsistencies.

So—

If an employer tells you that you “failed a background check,” it usually means there’s something in your background that raised concerns with them.

This could be:

When employers can legally withdraw a job offer based on background check results?

You have driving offenses or a criminal record that brings your fit for the job into question.

You clearly lied about your education, work history, or other details.

You have a poor credit history in a field in which this matters.

You failed a drug or alcohol test.

You received negative references.

You don’t meet certain industry-specific legal or regulatory requirements.

If any of the above are true, employers can legally take back the job offer. 

And if that’s the case, there might not be much you can do about it.

But what if your situation doesn’t really match any of the above?

Here are a couple of things to keep in mind:

1. Mistakes on background checks do happen.
2. Employers don’t always follow the rules.

Plus, discrimination based on race, gender, origin, or even age still occurs.

No matter the reason, remember this—

It’s a person who makes the hiring decision, not the background check system.

You can always challenge the decision or correct any inaccuracies.

But that won’t happen on its own. Read on to learn what you can do.

Related:

• Can you pass a background check with a misdemeanor?
• Do arrests show up on background checks?

Next steps after a failed background check

Companies can’t just run an employment screen however they like.

If an employer wants to run a background check during the hiring process, they have to follow federal laws set out by the Fair Credit Reporting Act (FCRA).

This means there’s a set of procedures each company needs to follow and a set of rights for you.

So, here’s what you should do:

1. Start with knowing your rights

The Fair Credit Reporting Act gives you some important rights when an employer runs a background check on you.

Here are three that might be helpful in this situation:

1. Notice time: If the employer decides not to hire you after the background check, they must inform you with a final adverse action notice and give you time to respond.
2. Report access: Employers must give you a copy of the report they used to make their decision, along with details about the agency that did the screening.
3. Fix mistakes: If you find any wrong, incomplete, or old information in your report, you can contact the agency that did the screening and ask them to redo the background check.

So, once you get your background screening report, make sure to read it carefully.

And then—

2. Check the report for fixable mistakes

It really depends on the employer how they’re going to communicate that you failed their background check.

Some might be clear about their reasons, while others might use vague terms—the law doesn’t specify how they should communicate it.

So, you might need to figure out on your own why you didn’t pass the background check.

Let’s apply the principle of kindness here and assume it’s not discrimination but a fixable mistake. 

Here’s what to look for in your report:

• Typos, like incorrect years or months.
• Issues verifying your job, residence, or education history.
• Differences in job titles or other small inaccuracies.
• Negative references that aren’t quite true.
• Any mismatches between your resume and the background report.
• Any incorrect information in the background report.

Once you find something, it’s time to gather more information to address it. Here’s how to deal with incorrect info on your background check.

If everything in your background report seems correct and you suspect discrimination, scroll to Section 6.

3. Collect any additional documentation that could help your case

There are many things that can go wrong during a background check, but two of the most common issues involve candidates’ employment and education histories.

There could be several reasons for this, like a company going out of business, a lost diploma, or bureaucratic delays.

Here’s how you can certify your employment and education:

How to certify employment history

Contracts: Get copies of your employment contracts. Pay Stubs: Usually, the last two pay stubs are enough. SF-50 (Federal Employees): Use a redacted SF-50 form as proof. MyBiz (Federal Employees): Use MyBiz to get an employment letter. Tax Returns: Use W-2s, 1099s, or bank statements. Business Docs: Profit/loss statements, invoices, and contracts can prove self-employment. References: If possible, ask your past managers (on LinkedIn, for example) to certify your employment and position.

How to certify education history

Transcripts: Request official transcripts from your school. Diploma/Certificate: Provide a certified copy of your diploma or certificate. Enrollment Records: Show proof of attendance if you didn’t graduate. School Letter: Ask your school for a letter confirming your attendance and degree. Verification Services: Use services like the National Student Clearinghouse for verification. Email Proof: Provide any confirmation emails from your school.

If there are other things you need to verify, think about documents you can gather or people you can ask to vouch for you. Any proof is better than no proof.

And if that’s not possible, try to provide a good explanation—sometimes that’s enough.

Once you have your documents ready, it’s time to make contact.

4. Reach back out to the employer

Remember, it’s people who make hiring decisions.

It’s always a good idea to try talking to them first, and taking that extra step can show that you care.

• Reach out: Contact the hiring manager and explain the situation. For example, let them know if your employment wasn’t verified but you have documents to prove it, or if there were typos on your resume.
• Be prepared: Have all your documents and explanations ready before you make contact. This shows that you are organized and proactive.
• Communicate clearly: When you reach out, be honest about the issue and how you plan to resolve it. Offer to send any supporting documents they might need.

Sometimes, a simple conversation can make a positive difference.

However, if the company requires a positive background check, just contacting the employer might not be enough—you may need to speak directly with the screening agency. 

5. Contact the agency to fix your background check report

After you get your background check results, you have 30 days to challenge any mistakes.

Here’s what to do:

• Contact the agency: Get in touch with the agency that did your screening. Give them the same information you gave your employer and ask for a second background check.
• Provide extra documents: Send any extra documents that fix the issues found in the first check, like proof of your work experience or education.
• Explain the mistakes: Clearly explain any mistakes and how your documents provide the correct information.

The agency’s job is to make sure the information on your resume matches reality. Once you provide the right documents, your new check should come back positive.

6. Report a case of discrimination to the Equal Employment Opportunity Commission

Unfortunately, some employers misuse background checks.

Discrimination still happens, and it’s not just about race. Rejecting someone because of their origin, gender, or age is also unfair and should be reported.

Your criminal history shouldn’t automatically disqualify you either.

The offense should be relevant to the job to be a factor in hiring. For example, DUI charges matter for driving jobs but not for an office clerk. That’s also discrimination.

The good news is you’re not alone.

The Equal Employment Opportunity Commission (EEOC) works nationwide, and you can report your situation to them.

If you think an employer discriminated against you during the background screening process, you can submit your complaint:

• Online, at the EEOC’s Public Portal
• In person, at the EEOC’s office (use the EEOC’s Public Portal to locate the nearest one)
• Calling 1-800-669-4000 or 1-800-669-6820 (TTY)
• At your local Fair Employment Practice Agency
• By mail (use the EEOC’s Public Portal to find details).

What exactly qualifies as discrimination?

Protected categories under federal employment discrimination laws
Race	Color	Religion
Sex	National origin	Age
Disability	Genetic information	Involvement in protected activities

Worried about failing your background check?

Sometimes you realize potential errors before you get the results—and that can be stressful.

However, background checks can overlook minor errors or inaccuracies, depending on their significance.

While it’s not a sure thing, here are some situations that might raise concerns during a background check but still allow you to get the job:

• Small errors in job dates (within 2 months).
• Job titles that are similar (like “copywriter” and “content writer”).
• Can’t verify past jobs (e.g., the company no longer exists).
• Finished college but don’t have a diploma yet (especially if you can prove graduation another way).
• Can’t confirm past addresses (e.g., the building was since demolished).
• Educational discrepancies (e.g., only mentioned bachelor’s, not high school).
• Didn’t include unrelated, short-term jobs.
• Criminal record with offenses that aren’t related to the job.
• Employment gaps you can or have already explained.
• Fixable mistakes like typos.

However, it all depends on the company’s background check policy. 

For some recruiters, the issues above may be nothing more than irrelevant details, but for others, it may be a valid reason to fail your background check.

FAQ