Your background check returned a result that needs review: pre-adverse and adverse action explained

Applies to: workers in the US whose background check or drug screen came back with something that needs a closer look, including a status such as consider, or who received a letter about a pre-adverse or adverse action.

Summary: A result that needs review is not a decision, and it is not the end of the process. You are entitled to see the report, to be told what is on it, and to a reasonable period in which to dispute anything inaccurate before any final decision is made. Read the report first, because a surprising share of these turn out to be records belonging to someone else.

What the statuses mean

• A status such as consider means the screening provider found something that a person needs to look at. It is a flag for review, not a failure and not a decision.

• A pre-adverse action notice means a decision is being considered based on the report. It comes with a copy of the report and a summary of your rights, and it exists specifically so that you can respond before anything is final.

• An adverse action notice means a final decision has been made. It tells you which screening provider supplied the report and how to get your own copy and dispute it.

What to do, in order

1. Read the report. Your notice tells you how to get a copy from the screening provider. Do not skip this step. Records attached to the wrong person, usually because of a common name, are one of the most frequent causes.

2. Dispute anything wrong, with the screening provider. The provider owns the report and is the only party who can correct it. Their contact details are on the notice and in your copy of the report. Ascen cannot amend what the report says.

3. Respond within the window given in your notice. There is a defined period before a final decision, and it is short. Use it.

4. Tell your staffing partner what is happening, since your start date may need to move while it is resolved.

Why this process exists

Background checks used for work are governed by the federal Fair Credit Reporting Act. It is the reason you were asked to sign a disclosure before the check was run, and it is the same law that entitles you to see the report and to dispute it before a decision becomes final. See Why am I asked to sign a Fair Credit Reporting Act disclosure?.

Some states and cities add further protections, including limits on how far back records may be considered. Those rules vary by where you live and work, so check your state or city agency for what applies to you.

If the result relates to a drug screen

A non-negative result is reviewed by a medical review officer before it is reported, and that review is where a valid prescription is taken into account. If you were not contacted before the result was issued, say so in your response.

Does this follow you

A decision on one assignment is about that assignment and that client's requirements. It does not follow you permanently, and different assignments have different screening requirements. See What a Notice of Separation means.

Contacting us

Email support@ascen.com if you cannot tell which screening provider issued the report, if you never received a notice you were told was sent, or if you have responded and heard nothing back. Disputes about the content of the report itself have to go to the provider.

This article explains a process, not your legal position. If you need advice about your own situation, speak to a qualified professional.