You get the email or phone call: there’s a problem with the background check. If you’re the one hiring, you’re not sure what to do next. If you’re the applicant, you’re probably worried about what this means for the job or license you need.
A denied background check doesn’t always mean the end of the road. Understanding why denials occur, what rights applicants have and how to handle the situation properly can make the difference between a closed door and a second chance. This guide covers the legal requirements, step-by-step processes and practical actions for both employers and applicants dealing with background check denials.
What a Denial Actually Means
A background check denial happens when something in the screening results disqualifies someone from a job, license, or certification. But “denial” covers different situations. Sometimes it’s a hard stop – a conviction that state law says bars you from the position. Other times it’s a flag that needs review before anyone makes a final call.
The reasons vary. Criminal records are obvious, but identity mismatches trip people up constantly. Your name is slightly different on your driver’s license versus your Social Security card. Addresses don’t line up. Employment dates from ten years ago don’t match what the previous employer reported. These look like red flags even when there’s nothing wrong.
For professional licensing like notary commissions, states get specific about what disqualifies you. Florida permanently bars felony convictions unless your rights have been restored. Other states focus on fraud, forgery, or crimes involving dishonesty. A DUI from college might not matter for most jobs but could block certain licenses.
Understanding what causes red flags helps you figure out whether you’re dealing with an error or something that needs addressing.
What Employers Have to Do Before Denying Someone
Employers can’t just toss an application because something showed up. The Fair Credit Reporting Act says you have to follow specific steps and skipping them creates legal problems.
Before You Deny Employment
Give the applicant a copy of the background check report, an explanation of their rights and time to respond. That waiting period matters. Five to ten business days gives someone a chance to look at the report and tell you if something’s wrong.
Maybe the criminal record belongs to someone else with the same name. Maybe that job they supposedly never held was under a different corporate entity that got acquired. People know their own histories better than a database does.
The Final Notice
If you’re still moving forward with the denial after that waiting period, send a formal adverse action notice. Include who ran the background check, explain that they didn’t make the hiring decision and remind the person they can dispute the report’s accuracy.
When State or Federal Checks Come Into Play
Some positions require state or federal screening depending on licensing requirements. Teachers need state and FBI checks. Notaries need fingerprint-based background checks that go through state databases and sometimes federal systems.
Florida and most other states updated their fingerprinting requirements in the past few years. Electronic LiveScan replaced ink cards because it’s faster and more accurate. But that means if your prints get rejected for quality issues, it can hold up your entire application even when your background is clean.
States also differ on what disqualifies you. One state might permanently bar a specific conviction while another imposes a waiting period. Check your state’s rules before assuming a past issue automatically disqualifies you.
What to Do If You’re the One Who Got Denied
Getting denied feels like hitting a wall, but you have options.
Get the Report
You’re entitled to see whatever information led to the denial. Contact the screening company – their information should be on the denial notice – and request your report. Don’t assume you know what’s in there.
Check for Mistakes
Go through the report line by line. Wrong addresses, incorrect dates, records that aren’t yours – these happen more than people realize. If you find errors, dispute them in writing with the screening company. They have 30 days to investigate and fix verified mistakes.
Know Your Rights
Some states let you appeal professional licensing denials or request hearings to explain circumstances. Criminal records from years ago might not disqualify you if you can show rehabilitation. Expunged records shouldn’t appear but sometimes do and you can get those corrected.
Processing times for corrections vary, but staying on top of the dispute process moves things faster than waiting and hoping.
Understand What You’re Working With
Not every denial is permanent. Employers might reconsider if you provide context. Licensing boards sometimes grant waivers or allow reapplication after waiting periods. The key is understanding exactly what’s blocking you and whether it’s fixable.
Common Concerns About Denials
Will minor offenses show up and cause problems?
It depends on the position and the state. Employers can consider anything relevant to job duties. Professional licensing boards have specific lists of disqualifying offenses. A misdemeanor from ten years ago might not matter for one job but could block a license that requires a clean record.
How long do I have to dispute incorrect information?
Employers must give you time to respond – usually five to ten business days – before making a final decision. Once you dispute something with the screening company, they have 30 days to investigate.
Can a background check issue affect a license I already have?
Yes. States can revoke professional licenses, including notary commissions, for certain criminal convictions that occur after you’re licensed. Most states require you to report arrests or convictions to your licensing board.
Moving Forward
Background check denials aren’t always the end of the story. Errors get corrected. Context gets explained. Waiting periods expire.
If you’re hiring, following FCRA requirements protects you legally. If you’re dealing with a denial, getting your report and disputing errors gives you a path forward. Many denials can be resolved by understanding what triggered them and taking the right steps.
For professional licenses requiring fingerprinting, experienced providers help avoid quality-related rejections that delay applications. Notary Plus More handles background check fingerprinting for licensing throughout Florida.
