Will Pending Criminal Charges Show Up in a Background Check?
The short answer is: maybe. Whether pending criminal charges appear on a background check depends on several factors, making it a complex issue. This guide will clarify the nuances and help you understand what to expect.
What is Included in a Background Check?
Background checks vary widely in scope and depth depending on the purpose and the company conducting the check. Some checks are limited to basic information like name, address, and date of birth, while others are far more extensive. A comprehensive background check might include:
- Criminal history: This usually includes convictions, but the inclusion of pending charges is less certain.
- Civil records: Lawsuits, bankruptcies, and judgments.
- Employment history: Verification of past jobs and employment dates.
- Education history: Verification of degrees and certifications.
- Credit history: Credit score and payment history.
- Driving records: Information on driving infractions and accidents.
Will Pending Charges Appear?
The appearance of pending charges in a background check is highly variable and depends on several key factors:
- The type of background check: A basic background check may not uncover pending charges. More comprehensive checks, often used for employment or licensing, have a greater chance of revealing them.
- The database used: Different background check companies use different databases, some of which are more comprehensive than others. Access to state and federal court records varies.
- The jurisdiction: The availability of information on pending charges differs between states and counties. Some jurisdictions may make this information readily available to background check companies, while others may restrict access.
- The timing of the check: Even with access to the relevant databases, there may be a delay between the filing of charges and their appearance in a background check.
How Long Do Pending Charges Remain on a Background Check?
Pending charges will typically appear on a background check for as long as they remain pending. If the charges are dismissed, they may or may not be removed from the report, depending on the reporting agency's policies and the jurisdiction. If the charges result in a conviction, the conviction will then appear on the report, usually for a set period determined by state law.
What if a Background Check Shows Pending Charges?
The impact of pending charges on a background check depends heavily on the context. For example:
- Employment: An employer may view pending charges negatively, especially if they're related to the job in question. However, some employers may be more understanding, depending on the nature of the charges and the applicant's overall qualifications.
- Housing: Landlords may also be hesitant to rent to someone with pending charges.
- Licensing: Many professional licenses require a clean background check, and pending charges can significantly affect the application process.
How to Address Pending Charges in a Background Check
If you anticipate a background check, it’s crucial to be upfront about any pending charges. This demonstrates honesty and responsibility. You should be prepared to explain the situation to potential employers or landlords. It’s advisable to consult with a legal professional for guidance on how to best navigate this sensitive issue.
Can I Dispute Information on a Background Check?
Yes, you have the right to dispute inaccurate information on your background check. If you believe that the report contains incorrect or outdated information about pending charges, you should contact the background check company and follow their dispute process.
This information is for educational purposes only and should not be considered legal advice. Always consult with a legal professional for advice specific to your situation.
