By Kristen Wakulchuk


When you find a candidate who seems to be a great fit for an open position at your company, you hope they pass the background check so they can start as soon as possible. Unfortunately, this doesn’t always happen, and you may be interested in someone who has a criminal record.

So, what should you do if a promising candidate does not pass the background check? Should you hire them with the hope they’ll stay out of trouble, or continue your search and find someone with a clean record? Here’s what we recommend you do in this difficult situation:


Verify Data Entry

Unfortunately, some background checks can come back with inaccurate results if the information the applicant provides in incorrect. Before you turn someone away because of their background report, confirm the information originally provided is accurate i.e. full name, date of birth, ssn, etc. Maybe the candidate has messy handwriting or something was mistyped. Or, maybe your background check company rushed through the process and left you with inaccuracies.

Speak to the Candidate

According to the Fair Credit Reporting Act, a candidate who will be adversely affected due to the results of a background check must be notified with a pre-adverse action notice. This notice is designed to inform them that their job offer may be revoked because of the information uncovered in their background check. After you provide the candidate with this notice, speak to them and give them the chance to dispute and/or ask questions about the results.

Make a Decision

In some cases, a certain offense may not be a big deal to a company, while in others, it’s a complete deal breaker. For example, it may be a larger risk to hire someone with a criminal record if your company works with children, seniors or other vulnerable individuals. Consider the EEOC Guidance, state and local ban the box laws and other FCRA obligations before making your decision.

Once you’ve ensured the report you received is accurate and spoken with the candidate, weigh the pros and cons of hiring them. If you’re willing to forgive a previous mistake they made and believe they would be a loyal, hard-working employee, hiring them despite their background may be worth the risk.

When in doubt, you should be able to call your screening company partner and ask them to point you in the right direction of factors to consider so that you can have a deeper discussion with your legal counsel if needed.


Contact Chane Solutions Today

At Chane Solutions, we guarantee accurate, timely reports. Contact Chane Solutions to learn more about our quality background screening services and what you should do if a candidate doesn’t pass their criminal background check.


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