Do Pending Charges Show Up on a Background Check?
The question of whether pending charges appear on background checks is a complex one, with the answer depending on several factors. While a definitive "yes" or "no" isn't possible, understanding the nuances will help you navigate this situation. This article will clarify the process and explore common related questions.
What is a Background Check?
Before delving into pending charges, let's define what a background check entails. A background check is a comprehensive review of an individual's history, often including criminal records, employment history, credit reports, and sometimes even educational background. The specifics of what's included vary based on the type of background check and the entity conducting it. Employers, landlords, and even some licensing agencies utilize background checks to assess applicants.
Do Pending Charges Show Up? The Complicated Answer
Generally, pending charges are less likely to appear on a standard background check than convictions or even dismissed charges. Standard background checks primarily focus on finalized court records. A pending charge means the legal process is still underway—the individual hasn't been tried, convicted, or acquitted. Therefore, the information isn't typically included in publicly accessible databases used for most background checks.
However, there are important exceptions:
- More Extensive Checks: More thorough background checks, often used in sensitive positions (e.g., working with children, government employment), might uncover pending charges through additional investigative methods. These checks might involve contacting local courts directly or accessing databases with more comprehensive information.
- Specific Databases: Depending on the database used by the background check company, pending charges may be included, particularly if the database is specifically designed to include pre-conviction information.
- Time Sensitivity: Even if not routinely included, as the case progresses and court records are updated, a pending charge could become visible on a background check.
What About Charges That Were Dismissed or Expunged?
This is a different situation altogether. While a pending charge may not show up, a charge that was dismissed or expunged might still appear on some background checks, depending on the specifics of the case and the database used. Dismissed charges might leave a record, and while an expungement seals the record, access to it might still be available to certain entities.
How Long Do Charges Stay on a Background Check After Conviction?
The length of time a conviction remains on a background check varies significantly depending on the state, the severity of the offense, and the type of background check. Some states have laws that seal or expunge certain records after a specific period. It's crucial to understand your state's laws regarding record retention.
What if I'm Applying for a Job and Have Pending Charges?
Honesty and transparency are generally the best approach. If you're asked about legal issues on a job application, it's crucial to disclose any pending charges. While the charge might not yet appear on a standard check, lying about it could have serious consequences.
Can I Get a Copy of My Own Background Check?
Yes, you can typically obtain a copy of your own background check through various services. This allows you to review the information and identify any inaccuracies or outdated data.
Conclusion:
The presence of pending charges on a background check is not guaranteed. The type of background check, the database used, and the stage of the legal proceedings all play significant roles. It's best to be proactive, understanding your state's laws, and being completely transparent with potential employers or other parties requiring a background check. If you have concerns about a pending charge, consulting with a legal professional is always recommended.
