Does a Pending Charge Show Up on a Background Check?
The short answer is: it depends. Whether a pending charge appears on a background check is influenced by several factors, making it a complex issue with no single definitive answer. This article will explore the nuances of how pending charges are handled in background checks, helping you understand what to expect.
What is Considered a "Pending Charge"?
Before we delve into whether or not it shows up, let's define what constitutes a pending charge. A pending charge refers to any criminal accusation that hasn't yet been resolved through a court proceeding. This could include:
- Arrests: Being arrested doesn't automatically mean a conviction. Many arrests don't lead to formal charges.
- Formal Charges Filed but Not Yet Resolved: Even if charges have been filed, the case may still be ongoing, awaiting trial, plea bargaining, or sentencing.
Factors Influencing Visibility on a Background Check
Several key factors determine if a pending charge will appear:
- The Type of Background Check: Different background checks delve into different levels of detail. A basic background check might only reveal convictions, while more comprehensive checks might include arrests and pending charges. The specific databases used also vary.
- The Database Used: Background check companies utilize various databases, some of which may include information on pending cases more readily than others. The accuracy and timeliness of information also differ across these databases.
- Jurisdiction: The laws and reporting practices vary across states and even counties. Some jurisdictions may be quicker to update their databases with pending charge information than others.
- Time Elapsed: Even if a database includes pending charges, the information might not be instantly updated. There could be a delay between the charge being filed and its appearance in the background check report.
How Long Does a Pending Charge Stay on a Background Check?
This question also depends on several factors. If the charge is dismissed, it might not appear at all, or it might be noted as dismissed. If the charge leads to a conviction, then the conviction will appear on the background check, usually for a period determined by state laws. However, a pending charge itself might disappear from the report once the case is resolved, regardless of the outcome.
What if the Charge is Dismissed?
If the pending charge is dismissed, it's less likely to show up on a background check, though some databases might retain a record of the initial charge and its dismissal. This is why obtaining a copy of your background check is crucial if you are concerned about a dismissed charge.
Can I Remove a Pending Charge from My Background Check?
You cannot directly remove a pending charge. The only way to influence what a background check reveals is to have the legal proceedings conclude. Once the case is resolved, and any necessary updates are made to the relevant databases, its status will accurately reflect the outcome (dismissal, conviction, etc.).
What to Do if You See a Pending Charge on Your Background Check?
If you see a pending charge on your background check that you believe is inaccurate or outdated, you should immediately contact the background check company and the relevant court or law enforcement agency to rectify the issue.
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.
