What Does Consider Mean on a Background Check?
“Consider” on a background check indicates that the screening provider has identified information requiring human review and interpretation, rather than a clear pass or fail result. This status typically appears when records exist but need additional verification, contain discrepancies, or fall into gray areas that automated systems cannot definitively categorize.
key takeaway Box:
- Consider = Manual review required, not an automatic disqualification
- Common triggers: Name variations, incomplete court records, or jurisdiction-specific reporting rules
- Your screening provider should supply detailed findings for informed hiring decisions
- FCRA adverse action procedures may apply depending on your decision
The Full Picture: When Background Checks Require Human Judgment
Unlike clear “clear” or “flagged” results, a “consider” status reflects the complexity of public records and identity verification. Your background screening provider encounters situations where automated matching algorithms cannot make definitive determinations without human oversight.
This status most commonly occurs during criminal record searches when court databases return partial matches, sealed records, or cases with unclear dispositions. Employment verifications may also return “consider” results when former employers provide limited information or when employment dates don’t align perfectly with candidate-provided information.
For HR teams, “consider” results require the same careful evaluation as any other background check finding. You must still follow FCRA adverse action procedures if the information influences your hiring decision, regardless of whether the screening provider flagged it as definitive or requiring consideration.
The key difference for employers: “consider” results demand more thorough documentation of your decision-making process, since you’re interpreting potentially ambiguous information rather than responding to clear policy violations.
Key Factors That Trigger “Consider” Status
Identity Verification Challenges
Name variations represent the most frequent cause of “consider” results. When candidates have used multiple names, common surnames, or names with frequent spelling variations, screening providers cannot automatically confirm record ownership.
Address history gaps or Social Security number discrepancies also generate “consider” flags, particularly for candidates with limited credit history or frequent relocations.
Criminal Record Complexities
Court record systems vary significantly by jurisdiction, creating several scenarios that require manual review:
| Scenario | Why It Triggers “Consider” | HR Action Required |
|---|---|---|
| Sealed/expunged records | Visible in some databases, not others | Verify state fair-chance law requirements |
| Pending cases | No final disposition available | Determine if pending charges affect role eligibility |
| Name-only matches | Common names, insufficient identifiers | Request additional verification from candidate |
| Jurisdiction reporting delays | Recent cases not yet in databases | Consider extending screening timeline |
Misdemeanor convictions often generate “consider” results when they fall outside your organization’s automatic disqualification criteria but relate to job responsibilities. Traffic violations may require consideration for driving-related positions, while financial crimes need evaluation for roles involving money handling.
Employment and Education Verification Issues
Former employers increasingly limit reference information, leading to “consider” results when:
- Companies confirm employment dates but not titles or salary information
- Educational institutions require additional verification steps for older degrees
- International credentials need specialized verification processes
What This Means for Employers
Compliance Requirements Remain the Same
“Consider” results don’t change your FCRA obligations. If you decide not to hire based on information requiring consideration, you must still provide pre-adverse action notices and allow candidates to dispute findings.
EEOC guidance on individualized assessments applies equally to “consider” results. You must evaluate the nature of any identified issues, their relevance to job responsibilities, and the time elapsed since occurrence.
Documentation Standards Increase
When acting on “consider” results, document your evaluation process more thoroughly than with clear-cut findings. Record:
- Specific information that influenced your decision
- Job-relatedness analysis for any identified issues
- Consultation with legal counsel or senior leadership
- Alternative accommodations considered
Screening Program Adjustments
Review your background check policy to address “consider” results explicitly. Define which scenarios require escalation to legal counsel, senior leadership, or specialized review committees.
ATS integration becomes critical for tracking “consider” results consistently. BackgroundChecker.com’s platform automatically flags these results for manual review while maintaining complete audit trails for compliance documentation.
Consider adjusting your screening timeline to accommodate manual review processes. “Consider” results typically require 24-48 additional hours for thorough evaluation.
Risk Mitigation Strategies
Implement secondary verification procedures for “consider” results. This might include requesting additional documentation from candidates, conducting supplemental database searches, or engaging specialized verification services for international records.
Train your hiring managers to understand that “consider” doesn’t mean “risky hire.” Many “consider” results resolve favorably with additional review, while others reveal legitimate concerns requiring careful evaluation.
Establish clear escalation procedures for “consider” results involving safety-sensitive positions, regulatory requirements, or roles requiring security clearances.
Related Questions
What’s the difference between “consider” and “flagged” on background checks?
“Flagged” typically indicates clear policy violations or definitive adverse findings, while “consider” means the information requires interpretation or additional verification before determining its impact on hiring decisions.
How long do “consider” results take to resolve?
Most “consider” results require 1-3 additional business days for manual review and verification, depending on the complexity of the findings and availability of additional documentation.
Should I automatically reject candidates with “consider” results?
No. “Consider” results often resolve favorably with additional review, and automatic rejection without proper evaluation may violate FCRA requirements and fair-chance legislation.
Do “consider” results require adverse action notices?
Only if you ultimately decide not to hire based on the information identified. The “consider” status itself doesn’t trigger FCRA adverse action procedures, but your final decision might.
Making Informed Decisions with Complex Screening Results
“Consider” results reflect the reality of modern background screening: public records are imperfect, and hiring decisions often require nuanced judgment rather than binary determinations. Your screening program should account for these complexities while maintaining compliance with federal and state regulations.
The key to managing “consider” results lies in consistent processes, thorough documentation, and clear communication with candidates throughout the evaluation period. Rather than viewing these results as complications, treat them as opportunities to make more informed hiring decisions based on complete information.
BackgroundChecker.com helps HR teams navigate complex screening results with FCRA-compliant workflows, automated Adverse action processing, and dedicated support for manual review situations. Our platform integrates seamlessly with major ATS systems while providing the flexibility to handle nuanced hiring decisions. Whether you’re screening executive candidates or high-volume hourly positions, our transparent per-check pricing scales with your program needs.
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This article is for informational purposes and does not constitute legal advice. Consult qualified legal counsel for compliance guidance specific to your organization.
