Understanding “Consider” in a Background Check

When an employer or institution conducts a background check on a job applicant or other individual, the term “consider” often comes up. In the context of background checks, “consider” refers to the process of evaluating specific results or factors that may or may not have an impact on the final decision. These factors are carefully reviewed to determine whether or not they align with the requirements of the position, the role, or the purpose of the background check.

The process is not as straightforward as a simple “pass or fail” situation. Instead, “consideration” involves weighing the context, severity, and relevance of certain findings to the position being applied for. Not all results automatically disqualify an applicant, and there is often a level of discretion involved when interpreting background check results. This nuanced approach is especially true when it comes to criminal history, gaps in employment, or discrepancies in education verification.

What Does “Consider” Mean in a Background Check?

The term “consider” in a background check means that an employer or decision-maker takes into account specific information uncovered during the check without necessarily using it as an automatic disqualifier. For example, a minor criminal offense from many years ago may be considered by an employer, but it may not disqualify the applicant if other factors—such as job performance, professional references, or personal growth—are taken into account.

Background check results might be reviewed based on:

• The relevance of the information to the job: Does the criminal record pertain to the type of work the applicant is applying for? For example, a DUI may be more concerning for a driving position, but less so for a desk job.
• The time elapsed since the event: How much time has passed since the crime, issue, or situation occurred? A conviction from 10 years ago might be weighed differently from one that occurred recently.
• The applicant’s overall qualifications and job performance: An applicant with an otherwise stellar professional history might have a past issue that is considered, but not enough to outweigh their skills and experience.

What Information is Considered During a Background Check?

A background check can include a variety of data points, and each one is carefully evaluated to determine its relevance and impact on the applicant. Common information that can be considered during a background check includes:

• Criminal Records: One of the most common factors considered is criminal history, including arrests, charges, and convictions. Employers may consider whether the crime is related to the job role (e.g., a financial crime for a finance job) and how long ago the offense took place. Minor offenses may be considered differently from more serious felonies, especially if they occurred years ago and the applicant has since demonstrated rehabilitation.
• Employment History: Employers often review a candidate’s employment history to assess their work experience and job stability. Gaps in employment or job-hopping can raise questions but may be considered with context—such as a career change, personal growth, or additional education. An unconventional career path may be seen as a positive, showcasing adaptability, creativity, or dedication.
• Education Verification: It’s essential for employers to verify the educational qualifications of applicants to ensure they meet the job requirements. Discrepancies in educational history—such as claiming a degree that wasn’t earned—are considered but may not automatically disqualify someone if the other qualifications are strong.
• Credit Checks (if applicable): In certain industries—especially those involving financial management, banking, or positions of trust—credit history is considered to assess an applicant’s financial responsibility. A poor credit history might raise flags, but the context (such as a bankruptcy due to unforeseen circumstances) is often considered as well.
• Drug Test Results: For jobs that require a high level of safety or involve the operation of machinery, drug test results can be a critical factor. A positive result might be considered depending on the job, the company’s drug policy, and the nature of the test (e.g., a random test versus a pre-employment test).
• Driving Records: For positions that require driving, employers may consider an applicant’s driving record, including past accidents, traffic violations, and any DUIs. The severity and recency of the violations are key factors in determining whether the applicant is suitable for the role.

Examples of Situations Where Something Might Be Considered but Not Disqualifying

Not all results from a background check automatically disqualify a candidate. Here are a few examples where something may be considered but not automatically disqualifying for a position:

1. Minor Criminal Offenses in the Distant Past

A misdemeanor or a minor criminal offense from years ago may be considered by an employer, but it might not disqualify the applicant if they have shown significant personal growth or if the offense is unrelated to the job. For example, a person with a criminal record from their youth might be considered for a job today if they’ve demonstrated responsibility, consistency, and rehabilitation.

2. Gaps in Employment or a Non-Traditional Career Path

Long gaps in employment or a career that deviates from the typical trajectory might raise questions. However, they may not disqualify the candidate if the employer considers the context—such as personal development, freelancing, or taking time off to care for a family member. For example, someone who spent time traveling or working in the gig economy might bring unique skills and perspectives to the role.

3. A Minor Credit Issue

In roles that require financial trustworthiness (e.g., banking or financial planning), credit history can be a critical factor. However, a single past credit issue (such as a medical bill or student loan debt) may be considered but not disqualifying if the candidate has shown efforts to improve their credit and resolve the issue.

Discretion in Background Check Considerations

Employers and other decision-makers use discretion when determining whether or not specific results in a background check will affect their decision. This means that they don’t automatically disqualify an applicant based on one negative finding but instead look at the entire picture. This might involve considering:

• Relevance: How relevant is the finding to the role or position? A speeding ticket might be less important for a desk job than for a delivery driver position.
• Time Passed: How long ago did the incident occur? Time can heal many wounds, and many employers are more lenient with old offenses or situations.
• Other Factors: The overall qualifications of the applicant, their skills, experience, and personal growth, all come into play. A candidate with a past issue may still be an excellent fit for a role based on their other positive attributes.

Summary of Common Factors Considered During Background Checks

Here is a summary table of common factors that are often considered during background checks in different industries:

Factor	Industry Relevance	Level of Importance	Common Considerations
Criminal Records	All industries	High	Type of crime, time elapsed, relevance to job role
Employment History	All industries	Medium	Gaps, career changes, past performance
Education Verification	All industries	Medium	Accuracy of degrees, job-relevant qualifications
Credit Reports	Finance, Trust Positions	High	Financial responsibility, role relevance
Drug Test Results	Safety, Healthcare, Transport	High	Drug policy compliance, safety considerations
Driving Records	Transportation, Logistics	High	Past violations, accidents, DUI history

Factors Employers and Institutions Consider During Background Checks

Various aspects of an applicant’s background can be considered, each with its own level of importance depending on the position and industry. Below are some of the most common factors that employers typically evaluate during a background check.

1. Criminal History

What is considered: Criminal records are one of the most common aspects considered during a background check. Employers typically look for any arrests, charges, or convictions. The severity and relevance of the crime are key factors in deciding whether it will impact the hiring decision. For instance, a minor misdemeanor for theft might be more concerning for a position involving financial responsibility, while a speeding ticket might be irrelevant for an office job.

Considerations:

• Type of crime: Employers differentiate between misdemeanors and felonies. Felonies typically have a more significant impact on hiring decisions, especially when they are directly related to the responsibilities of the position.
• Time elapsed: Older offenses, particularly those that occurred many years ago, may be less of a concern compared to more recent incidents. Employers may also consider whether the applicant has demonstrated rehabilitation.
• Relevance to the job: A criminal history involving a financial crime may be more relevant for financial positions than for a technical role in IT, where the ability to perform the job is more relevant than the applicant’s past.

2. Credit Reports

What is considered: In roles where financial responsibility is crucial—such as banking, financial advising, or positions involving sensitive customer data—credit reports are often considered during the hiring process. Employers may look at an applicant’s credit history to assess their financial responsibility and stability.

Considerations:

• Outstanding debt or bankruptcy: A bankruptcy or high debt may raise concerns, but the context matters. For instance, an applicant who went through bankruptcy due to an unexpected medical issue may still be viewed favorably if they have since worked to manage their finances responsibly.
• Financial trustworthiness: In positions that require handling money or managing funds, credit checks provide insight into the applicant’s financial habits. However, minor financial issues such as late payments or medical bills may not disqualify someone if other aspects of their qualifications are strong.
• Relevance to the job: Employers in industries such as finance may place a higher weight on credit history, while companies in other fields may look at it less critically.

3. Drug Test Results

What is considered: Drug testing is common in industries that require high safety standards, such as transportation, construction, and healthcare. A positive drug test result might lead to disqualification, but how employers treat these results can vary based on company policy and the role in question.

Considerations:

• Company drug policy: Some employers may have a strict no-drug policy, while others may offer rehabilitation programs or second chances for candidates with a positive test result.
• Role of the job: Jobs that require the operation of machinery or driving will often have more stringent drug testing requirements than office positions.
• First-time offenders: Some employers may consider a first-time offense as less significant, particularly if the applicant shows remorse and takes steps toward rehabilitation.

4. Professional References

What is considered: References from past employers and professional contacts can provide valuable insight into an applicant’s work ethic, character, and ability to perform the job. Employers may contact these references to get a sense of the applicant’s work history, personal qualities, and potential fit for the organization.

Considerations:

• Relevance of references: Employers prefer references from recent supervisors or managers who are familiar with the applicant’s job performance. References that come from unrelated fields or distant past roles may carry less weight.
• Feedback quality: Positive, detailed feedback from references strengthens an applicant’s position, while vague or negative feedback may raise concerns.
• Authenticity: Employers may verify the legitimacy of references to ensure they are valid and not fabricated. False references can severely damage a candidate’s credibility.

5. Education Verification

What is considered: Verification of educational qualifications is essential for positions that require specific degrees or certifications. Employers will verify that the applicant has completed the required educational programs and received the degrees or certifications they claim.

Considerations:

• Discrepancies: If there are discrepancies between the applicant’s claimed education and their actual educational background, this can be a red flag. For example, listing a degree from a university that does not exist or claiming a higher degree than what was obtained could raise serious concerns.
• Relevance of the degree: In some industries, having the right educational background is non-negotiable, while in others, skills and experience may outweigh formal education.
• Additional qualifications: Some applicants may have gained relevant skills or qualifications outside of traditional education, such as through certifications, apprenticeships, or on-the-job training. Employers may consider these alternative qualifications if they are applicable to the role.

6. Driving Records

What is considered: For positions that involve driving, employers may review an applicant’s driving record to ensure that they have a clean driving history. This is particularly relevant in roles such as delivery drivers, truck drivers, or positions requiring travel to client sites.

Considerations:

• Past violations: Minor violations (such as speeding tickets) may not be a disqualifier, but serious offenses (such as DUIs or reckless driving) can be a significant concern, especially if the job requires driving as a major function.
• Accident history: An applicant with a history of accidents may be considered less favorable for driving positions, though each case will be evaluated individually based on circumstances, such as whether the accidents were caused by external factors or the applicant’s negligence.

Precise Hire: A Professional Service Provider for Background Checks

For employers and individuals looking for thorough and compliant background checks, Precise Hire offers professional services to ensure that background checks are comprehensive, accurate, and legally compliant. By using Precise Hire, businesses can make informed hiring decisions while adhering to federal, state, and local regulations.

Key Features of Precise Hire:

• Comprehensive reports: Precise Hire delivers detailed background check reports that cover a variety of factors including criminal history, credit reports, drug tests, education verification, and more.
• Legal compliance: Precise Hire ensures that all background checks are conducted in line with relevant laws, including the Fair Credit Reporting Act (FCRA) and other federal and state regulations.
• Transparency: Employers receive transparent, easy-to-read reports that allow them to properly consider background check results without fear of legal repercussions or discriminatory practices.
• Data security: Precise Hire prioritizes data protection and confidentiality, ensuring that sensitive personal information is kept secure throughout the background check process.

With Precise Hire, employers can rest assured that background check results are handled fairly and ethically, while also being compliant with legal standards.

Legal Aspects of “Consideration” in Background Checks

When considering the results of a background check, employers must comply with various laws and regulations to avoid legal pitfalls. These laws are designed to protect applicants’ privacy rights and ensure that decisions are made in a fair and nondiscriminatory manner.

1. Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) is a key federal law that regulates how background checks are conducted and how the information is used. The FCRA applies when employers obtain background checks from a third-party consumer reporting agency (like Precise Hire).

Key Provisions of the FCRA:

• Disclosure and Consent: Employers must obtain written consent from the individual before conducting a background check. Failure to obtain proper consent can result in significant legal consequences.
• Adverse Action Process: If an employer intends to take an adverse action (such as not hiring an applicant) based on the results of a background check, they must follow a specific procedure. This includes providing the individual with a pre-adverse action notice that includes a copy of the report and an opportunity to dispute any inaccuracies. After the decision is made, an adverse action notice must also be sent.
• Accuracy: Employers must ensure that the information considered in the background check is accurate and up to date. If inaccuracies are found, they must be corrected before making decisions based on the report.

2. Ban the Box Laws

Many states and local governments have passed Ban the Box laws, which prohibit employers from asking about criminal history on job applications. These laws aim to give applicants with criminal records a fairer chance by not disqualifying them from the hiring process before an interview or other evaluations.

How Ban the Box Laws Impact Background Checks:

• Employers are generally prohibited from asking about criminal history early in the hiring process (such as on the application form), although they can still conduct background checks later in the process.
• These laws vary from state to state, so employers must be familiar with the specific rules in their area.
• In some cases, employers can only consider certain types of criminal convictions, and the time elapsed since the offense may be a factor in whether it is considered.

3. Equal Employment Opportunity Commission (EEOC) Guidelines

The EEOC enforces laws against discrimination in employment. Under the Title VII of the Civil Rights Act, the EEOC provides guidelines on how background check results can be considered to avoid discrimination based on race, national origin, or other protected characteristics.

EEOC Guidelines on Background Checks:

• Employers must apply background check criteria equally to all applicants. If a criminal record is used to make an adverse employment decision, it must be relevant to the job and based on a consistent policy.
• Employers must take into account the nature of the offense, the time passed, and the relevance to the job when considering criminal history. Discriminatory practices, such as rejecting candidates based on race or ethnicity due to criminal history, are illegal.
• Employers must consider whether the applicant has been rehabilitated, particularly for offenses that occurred many years ago.

4. Privacy Rights and Data Protection

While employers have a legitimate interest in obtaining background information, they must respect applicants’ privacy rights. Personal data used in background checks must be handled with care and in compliance with privacy protection laws.

Data Protection Laws:

• Employers must ensure that background check data is kept confidential and is not shared with unauthorized parties.
• If background checks are used to verify information related to financial records, healthcare, or other sensitive areas, stricter privacy rules may apply.
• In some cases, applicants can request access to the information that was used in their background check, ensuring transparency and accountability.

FAQs About “Consider” in Background Checks

Here are five frequently asked questions related to what “consider” means in the context of background checks:

What does it mean when a background check result is "considered" but not disqualifying?

When a result is "considered," it means that the background check information is reviewed as part of the decision-making process, but it does not automatically lead to a negative outcome. For instance, a minor offense from many years ago might be considered but not disqualify an applicant if the offense is not related to the job or the individual has demonstrated rehabilitation.

How do employers decide what to consider in a background check?

Employers weigh the relevance of the information to the position and evaluate the overall qualifications of the applicant. For example, an applicant with a criminal record for theft may be more concerning for a finance job but less relevant for a technical position. Employers also consider how much time has passed since the issue occurred and whether the applicant has taken steps to address it.

Are all criminal records automatically considered in background checks?

No, not all criminal records are automatically considered. Employers must ensure that any criminal record considered is relevant to the job and in compliance with applicable laws (such as Ban the Box laws). Minor offenses from long ago may not be relevant, and in some cases, employers are restricted from considering certain offenses based on the nature of the job or the time that has passed.

Can a background check be "considered" in a hiring decision even if there is a positive drug test result?

Yes, a positive drug test result can be considered, but it depends on the company's policy and the nature of the job. In roles requiring safety or driving, a positive drug test may disqualify an applicant. However, for other positions, employers may decide to overlook it if the applicant provides evidence of rehabilitation or if the result is not a major concern for the specific job.

How long do employers typically consider a past offense or issue when performing a background check?

The length of time that an employer considers a past offense depends on the severity of the offense and the policies of the company. For example, some companies might not consider criminal offenses older than seven or ten years. However, more serious offenses or recent crimes may be considered indefinitely, especially if they are deemed relevant to the job.

Conclusion

Understanding what “consider” means in the context of background checks is essential for both employers and applicants. The process of considering background check results involves careful evaluation of multiple factors, including criminal history, credit reports, education verification, and drug test results. Employers must ensure they comply with federal, state, and local laws to avoid discrimination and ensure a fair process.

For businesses seeking professional background checks that comply with all relevant regulations, Precise Hire offers a reliable and transparent service. By using Precise Hire, employers can make informed, legally compliant decisions based on accurate background information.

In summary, background checks play a crucial role in ensuring that the right candidates are selected for positions, but it’s important to consider the full context of each result and make decisions that are fair, transparent, and legally compliant. By following the appropriate procedures and using trusted background check services, employers can protect themselves from potential legal and ethical issues while ensuring the safety and success of their organizations.