Does Pending Charges Show on a Background Check?
The short answer is: sometimes. Whether pending charges appear on a background check depends on several factors, making it a complex issue with no simple yes or no answer. This article will break down the nuances of how pending charges are handled in background checks and what you need to know.
What is a Background Check?
Before we dive into pending charges, let's clarify what a background check entails. A background check is a process used to investigate an individual's history, often for employment, housing, or other vetting purposes. These checks typically include criminal records, credit history, and sometimes employment verification. The specific information included varies widely depending on the type of check and the entity conducting it.
How are Criminal Records Included in Background Checks?
Criminal records are compiled at the local, state, and federal levels. These records typically include information on arrests, charges, convictions, and sentencing. The inclusion of pending charges varies depending on the database used and the specific agency conducting the background check.
Do Pending Charges Always Appear on a Background Check?
No. Pending charges are not always included in background checks. Here's why:
- Database Limitations: Not all background check databases are updated in real-time. Some databases might only reflect information that has been formally adjudicated (meaning a conviction or dismissal).
- Jurisdictional Differences: Laws and reporting practices vary across jurisdictions. Some states might be more diligent in updating their databases than others.
- Type of Background Check: A basic background check might only include convictions, while more extensive checks, like those used for law enforcement or highly sensitive positions, might include pending charges.
- Time Sensitivity: Even if a database does include pending charges, the information might not be immediately available or updated frequently.
What Factors Influence Whether Pending Charges Show Up?
Several factors influence the likelihood of pending charges appearing on a background check:
- The Severity of the Charge: More serious charges are more likely to be included in databases and reported on background checks.
- The Stage of the Legal Proceedings: Charges that have progressed further through the legal system (e.g., indictment, arraignment) are more likely to appear than charges that are very recent.
- The Specific Database Used: The database used by the background check company will determine what information is accessible.
Will a Misdemeanor Pending Charge Show Up?
The inclusion of a pending misdemeanor charge depends on the same factors listed above. A minor misdemeanor might not appear, especially in a basic background check. However, a more serious misdemeanor, or one that's further along in the legal process, is more likely to be flagged.
Will a Felony Pending Charge Show Up?
Pending felony charges are significantly more likely to appear on background checks than misdemeanors due to their seriousness. The chances increase as the case progresses through the legal system.
What to Do If a Pending Charge Appears on Your Background Check?
If a pending charge appears on your background check, you should:
- Understand your rights: Consult with an attorney to understand the implications of the charge and your legal options.
- Be transparent: If you're applying for a job or housing, be upfront about the pending charges. Honesty is often the best policy.
- Explain the situation: Provide context and any mitigating circumstances to the entity conducting the background check.
Disclaimer: This information is for educational purposes only and is not a substitute for legal advice. Always consult with a qualified legal professional for advice related to your specific situation.
