Consider on a Background Check
Receiving a status of 'Consider' on an employment or tenant background check can spark immediate anxiety for job applicants and landlords alike. In modern background screening terminology, 'Consider' is an automated administrative flag generated by consumer reporting agencies (such as Checkr, HireRight, Sterling, or GoodHire). It does not mean you have failed the background check, nor does it mandate that you will be disqualified from employment. Instead, 'Consider' simply indicates that the electronic screening algorithm detected record information—such as a past criminal conviction, an employment date discrepancy, an expired motor vehicle license, or an address mismatch—that requires manual human review by the hiring company.
What Triggers a 'Consider' Status in Pre-Employment Screening
Modern background screening platforms utilize automated software pipelines that interface directly with municipal county courts, state criminal repositories, motor vehicle departments, and credit bureaus. When a background check processes smoothly with zero records found across all databases, the platform automatically tags the file as 'Clear.' However, when the search queries return any positive record match that does not align with the employer pre-configured automated pass parameters, the report is flagged as 'Consider.'
The most common catalyst for a 'Consider' flag is the discovery of a criminal history record. This can range from a ten-year-old misdemeanor disorderly conduct charge or a non-violent driving infraction to more serious felony indictments. However, non-criminal administrative discrepancies trigger 'Consider' flags just as frequently. Examples include an applicant stating they graduated from university in 2018 when registrar records show 2019, a past employer HR department failing to confirm past job titles, or an unverified commercial driver license.
Compare common screening outcomes and automated status definitions on background reports:
| Background Report Status | Automated Definition | Employer Action Required | Impact on Candidate Application |
|---|---|---|---|
| Clear | Zero records found; all data verified | Immediate progression to hiring onboarding | Job offer confirmed; hiring proceeds |
| Consider | Record found or data mismatch flagged | Manual HR review required against company matrix | Application paused pending human evaluation |
| Dispute / Pending | Candidate challenged report accuracy | Investigation paused pending CRRA re-check | 30-day investigation window opened |
| Suspended / Incomplete | Court clerk delay or missing candidate info | Candidate or agency must provide documents | Report held until records retrieved |
The Fair Credit Reporting Act (FCRA) and Adverse Action Rights
If your background check returns a 'Consider' status, federal law provides robust constitutional and consumer protections through the Fair Credit Reporting Act (FCRA). An employer cannot secretly discard your job application or rescind a job offer based on a background report without notifying you. The FCRA mandates a strict, two-step 'Adverse Action' process designed specifically to protect applicants from false or outdated reporting errors.
Before an employer can legally make an adverse decision based on a 'Consider' report, they must provide you with a Pre-Adverse Action Notice. This notice must include an exact, complete copy of the background check report and a written copy of 'A Summary of Your Rights Under the Fair Credit Reporting Act.' By law, the employer must grant you a reasonable waiting period—typically five to ten business days—to review the report, dispute factual errors, or provide context, rehabilitation letters, and character references before any final decision is made.
Review the mandatory federal FCRA two-step adverse action procedural framework:
| Adverse Action Stage | Mandatory Employer Action | Candidate Legal Rights | Timeframe Window |
|---|---|---|---|
| 1. Pre-Adverse Action Notice | Send written notice + copy of background report | Right to inspect records and dispute errors | 5 to 10 business days waiting period |
| 2. Candidate Response Window | Review candidate dispute / mitigation proof | Provide evidence of error, rehab, or references | Active dialogue with hiring team |
| 3. Final Adverse Action Notice | Issue formal notice if candidate disqualified | Right to free report copy within 60 days | Issued only after waiting period expires |
EEOC Guidelines: Individualized Assessment and Green Factors
Employers who encounter a 'Consider' flag on a criminal record cannot apply blanket 'no-felon' or 'no-conviction' bans. Under Title VII enforcement guidance issued by the Equal Employment Opportunity Commission (EEOC), employers must conduct an 'individualized assessment' to ensure their hiring criteria are job-related and consistent with business necessity. This assessment centers around the landmark legal standard known as the 'Green Factors' (from Green v. Missouri Pacific Railroad).
When evaluating a 'Consider' flag, the employer must weigh three foundational elements: the nature and gravity of the offense, the time elapsed since the conviction occurred or sentence completed, and the specific nature of the job held or sought. For instance, a seven-year-old misdemeanor trespassing charge bears zero relevance to a candidate applying for a remote computer software engineering position, making disqualification unlawful under federal civil rights guidelines.
Analyze the EEOC 'Green Factors' applied during manual background evaluations:
| EEOC Evaluation Factor | Specific Assessment Inquiry | Favorable Candidate Scenario | High-Risk Employment Scenario |
|---|---|---|---|
| Nature & Gravity of Offense | Was the offense violent? Was it a misdemeanor? | Minor non-violent traffic infraction or misdemeanor | Violent felony or theft directly impacting duties |
| Time Elapsed Since Conduct | How many years have passed without incident? | 7 to 10+ years of clean work and civic history | Recent conviction within past 12 months |
| Nature of the Job Duties | Does the past crime directly intersect with the role? | Past DUI applying for non-driving office desk job | Grand theft applicant applying for bank vault teller |
| Evidence of Rehabilitation | Has candidate completed training or community work? | Professional certifications, clean parole, references | Zero remorse or repeated probationary violations |
How to Respond to a 'Consider' Status on Your Background Check
Follow these five tactical steps to review flagged information, provide context, and protect your job offer.
Download Your Complete Background Report
Log into the background screening portal (Checkr, HireRight) and download the full unredacted report.
Identify the Specific Flagged Item
Locate the exact section marked 'Consider' to determine whether it is a criminal record, education, or date discrepancy.
File an Immediate Dispute if Factually Incorrect
If the record belongs to another person or is an expunged record, file an official dispute with the screening agency.
Compile Evidence of Mitigation and Rehabilitation
Gather character reference letters, performance reviews, proof of completed classes, or correct W-2 forms.
Contact the Hiring Manager Directly and Professionally
Send a professional email providing honest, calm context regarding the flagged item before a final decision is made.
Frequently Asked Questions (8 Questions Answered)
Q1: Does 'Consider' on a background check mean you failed?
No, 'Consider' simply means the automated system found a record requiring manual review by the hiring manager.
Q2: Can you still get hired if your background says Consider?
Yes, many employers routinely clear candidates after reviewing the context, age of the record, and relevance to the job.
Q3: How long does a background check stay in Consider status?
The status remains until the employer HR team completes their manual review, typically taking two to five business days.
Q4: What is the difference between Clear and Consider on Checkr?
'Clear' means no records were found; 'Consider' means a record was detected that needs employer evaluation.
Q5: What should I do if a Consider flag is a mistake?
Immediately submit an electronic dispute through the screening agency portal providing court proof or documents.
Q6: Can an employer take back a job offer without telling you?
No, federal FCRA law mandates that employers must send a Pre-Adverse Action notice before rescinding an offer.
Q7: Does a traffic ticket cause a Consider status?
Yes, if the employer screens driving records (MVR), speeding tickets or license suspensions will trigger a Consider flag.
Q8: What are the EEOC Green Factors?
They are legal standards requiring employers to evaluate the nature of the crime, time elapsed, and relevance to the job before denying employment.
Final Thoughts & Key Takeaways
In conclusion, understanding consider on a background check provides essential clarity, practical strategies, and actionable advice. By incorporating these foundational insights, adhering to verified safety guidelines, and following structured best practices, you ensure reliable, long-term outcomes while preventing common mistakes. Stay informed, consult certified professionals when needed, and maintain consistent quality care.