Background checks return facts. The decision belongs to the employer's adjudication policy, which should state in advance which findings matter for which roles.
The most common reasons an offer is pulled
- A conviction that is job-related — theft for a cash-handling role, a violent offense for an in-home service role.
- Discrepancies. Dates, titles, or degrees that do not match what the candidate reported. Misrepresentation is often treated more seriously than the underlying fact.
- A failed or refused drug test, where testing is lawful for the role.
- A suspended license, DUI, or violation pattern for a driving role.
- An exclusion or sanction that legally bars the person from the role, common in healthcare and government contracting.
- Failed identity verification — the person cannot be confirmed as who they claim to be.
What must happen before an offer is withdrawn
If the decision is based even partly on the report, the FCRA requires a pre-adverse action notice with a copy of the report and a summary of rights, a reasonable waiting period for the candidate to respond, and a final adverse action notice. Skipping these steps is the most litigated failure in screening.
Frequently asked
Can you be denied a job for something that is not a conviction?
In many states, arrests without conviction cannot be reported or considered at all. Where they can be, most employers weigh only convictions.
What if the report is wrong?
You have the right to dispute it. The screening company must reinvestigate, typically within 30 days, and correct or remove inaccurate information.
