What Does Consider Mean on a Background Check?
When a job applicant or current employee undergoes a pre-employment background screening, the screening report generated by commercial consumer reporting agencies (such as Checkr, Sterling, or HireRight) concludes with an adjudication status. While clean reports receive a green 'Clear' status, reports marked with an orange or amber 'Consider' flag indicate that the screening software or record specialists uncovered records that warrant human review by the employer's hiring adjudicators. A 'Consider' status is not an automatic job rejection; rather, it alerts human resources to evaluate records under federal Equal Employment Opportunity Commission (EEOC) guidelines.
What Triggers a 'Consider' Status on Background Screenings?
Consumer reporting agencies operate under strict automated business rules established by the hiring employer. When an applicant's background check pulls records matching specific adjudication parameters, the algorithm automatically routes the file to 'Consider.' These findings are not limited to serious felony convictions; they frequently encompass minor administrative infractions, non-conviction arrest records, driving violations, or simple clerical discrepancies.
For example, a minor moving violation on a Motor Vehicle Record (MVR)—such as driving six miles per hour over the speed limit—will automatically trigger a 'Consider' flag if the employer's hiring criteria specify zero moving violations for commercial delivery drivers. Similarly, discrepancies in employment history dates, unverified university degrees, or pending court cases where charges have not yet been resolved will generate a 'Consider' status for HR adjudication.
Review the most common record triggers that produce a 'Consider' background screening status:
| Screening Subsystem | Triggering Record Finding | Severity Level | Employer Evaluation Perspective |
|---|---|---|---|
| Criminal History Check | Past misdemeanor conviction or active deferred adjudication | Moderate to High | Evaluated based on job relevance and time elapsed since offense |
| Motor Vehicle Record (MVR) | Speeding tickets, expired tags, or license suspension | Moderate | Critical for driving/delivery roles; irrelevant for remote desk jobs |
| Employment Verification | Applicant resume dates differ from HR payroll records by 6+ mos | Low to Moderate | Checks for deliberate resume falsification versus honest memory lapse |
| Education Verification | University registrar unable to locate degree under applicant name | Moderate to High | Applicant may have attended under maiden name or degree uncompleted |
| Drug & Health Screening | Prescription medication triggering preliminary positive screening | Moderate | Medical Review Officer (MRO) verifies legitimate physician prescription |
Federal EEOC Guidelines and the Individualized Assessment Mandate
Under Title VII of the Civil Rights Act of 1964 and official Enforcement Guidance issued by the Equal Employment Opportunity Commission (EEOC), employers are legally prohibited from enforcing blanket exclusion policies that automatically reject applicants based on criminal history. Because blanket bans have an unlawful disparate impact on minority communities, federal regulations mandate that employers conduct an 'Individualized Assessment' before denying employment.
During an individualized assessment, the hiring manager must evaluate three foundational criteria established in the landmark case Green v. Missouri Pacific Railroad: the nature and gravity of the offense or conduct, the time that has passed since the offense or completion of the sentence, and the specific nature of the job held or sought. For instance, an eight-year-old misdemeanor trespass conviction holds zero rational relationship to a remote software engineering role, and rejecting an applicant on that basis violates EEOC guidelines.
Review federal Fair Credit Reporting Act (FCRA) protections for applicants facing 'Consider' flags:
| FCRA Procedural Step | Employer Legal Obligation | Applicant Statutory Rights | Required Response Window |
|---|---|---|---|
| Pre-Adverse Action Notice | Employer must send formal written notice before denying job | Right to review copy of background report and summary of rights | Mandatory minimum 5 business day waiting window |
| Report Accuracy Dispute | Screening agency must re-investigate disputed errors | Right to dispute false records, mistaken identity, or expunged cases | Agency has 30 calendar days to complete reinvestigation |
| Individualized Mitigation Submission | Employer must review applicant evidence of rehabilitation | Right to submit letters of recommendation, certificates, context | Submitted during pre-adverse action waiting period |
| Final Adverse Action Notice | Employer sends final rejection notice if job is formally denied | Right to receive screening agency contact info and free report copy | Delivered upon final negative employment decision |
Seeing a 'Consider' status on your background check portal is an immediate signal to inspect your report, exercise your federal dispute rights, and provide proactive context to the hiring team.
How to Handle a 'Consider' Background Status and Protect Your Job Offer
Applicant action protocol for navigating a background check flag successfully.
- Download Your Full Candidate Screening Copy: Log into the background check candidate portal (e.g., Checkr Candidate Portal) and download the full, unredacted PDF report to see exactly what flagged.
- Identify Factual Errors or Discrepancies: Check whether the report pulled another individual's criminal record due to a similar name, or reported an expunged case in error.
- File an Immediate Dispute if Inaccurate: Click the 'Dispute Information' button directly on the portal and upload certified court disposition records proving the error.
- Prepare a Written Letter of Explanation: If the record is accurate, draft a concise, professional explanation letter highlighting your personal rehabilitation, training, and work excellence.
- Submit Context During the Pre-Adverse Action Window: Email your explanation letter and professional reference letters to the company HR recruiter before the five-day pre-adverse action window closes.
How to Handle a 'Consider' Background Status and Protect Your Job Offer
Applicant action protocol for navigating a background check flag successfully.
Download Your Full Candidate Screening Copy
Log into the background check candidate portal (e.g., Checkr Candidate Portal) and download the full, unredacted PDF report to see exactly what flagged.
Identify Factual Errors or Discrepancies
Check whether the report pulled another individual's criminal record due to a similar name, or reported an expunged case in error.
File an Immediate Dispute if Inaccurate
Click the 'Dispute Information' button directly on the portal and upload certified court disposition records proving the error.
Prepare a Written Letter of Explanation
If the record is accurate, draft a concise, professional explanation letter highlighting your personal rehabilitation, training, and work excellence.
Submit Context During the Pre-Adverse Action Window
Email your explanation letter and professional reference letters to the company HR recruiter before the five-day pre-adverse action window closes.
Frequently Asked Questions (7 Questions Answered)
Q1: What does 'Consider' mean on a background check?
It means the background check found an item (criminal record, driving ticket, or resume discrepancy) that requires manual review by the employer before hiring.
Q2: Does a 'Consider' status mean you didn't get the job?
No. It is not a rejection. Many employers review the flagged item, determine it does not impact job performance, and proceed with hiring.
Q3: What is the difference between 'Clear' and 'Consider'?
'Clear' means zero records were found that matched employer filter criteria; 'Consider' means at least one record was identified for human HR evaluation.
Q4: Can an employer automatically deny you for a 'Consider' flag?
Under federal EEOC guidance, employers cannot automatically reject applicants; they must conduct an individualized assessment connecting the record to the job.
Q5: What is a Pre-Adverse Action notice?
It is a legally required letter informing an applicant that an employer is considering rejecting them based on a background check, giving them time to dispute it.
Q6: How long do you have to respond to a Pre-Adverse Action letter?
Federal law requires a 'reasonable' period, universally interpreted as at least 5 business days, before an employer can make a final hiring decision.
Q7: Can old speeding tickets cause a 'Consider' status?
Yes, especially for jobs requiring driving company vehicles, moving violations within the last 3 years often trigger a 'Consider' status for HR review.
Final Thoughts & Key Takeaways
In conclusion, understanding what does consider mean 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.