Will Pending Criminal Charges Show Up in a Background Check?
The short answer is: it depends. Whether pending criminal charges appear on a background check hinges on several factors, making it a complex issue with no universally applicable "yes" or "no" answer. This article will delve into the intricacies of background checks and pending charges, providing clarity on what you can expect.
What Information is Included in a Background Check?
Background checks vary significantly depending on the type of check conducted and who is conducting it. Generally, they may include:
- Criminal history: This encompasses convictions, arrests, and sometimes pending charges. However, the extent of information included regarding pending charges varies.
- Civil records: This includes lawsuits, bankruptcies, and liens.
- Credit history: This involves credit scores, payment history, and debts.
- Employment history: Verifying past employment, job titles, and dates of employment.
- Education history: Verifying educational degrees and certifications.
- Driving records: This includes driving violations and accidents.
Will Pending Charges Show Up?
The inclusion of pending charges is the most variable aspect. Here's a breakdown:
- Type of Background Check: A basic background check, often used for employment purposes, might only show convictions. More comprehensive checks, such as those used for security clearances or licensing, often include pending charges.
- Jurisdiction: The laws governing the release of criminal information differ significantly between states and even counties. Some jurisdictions are more forthcoming about pending charges than others.
- Database Access: The databases used by background check companies vary in their access to real-time information. Some databases update more frequently than others, influencing the likelihood of pending charges appearing.
- Time Sensitivity: Even if a database contains information on pending charges, the information may not reflect the most recent developments in the case. A charge might be dismissed or amended before the background check is completed.
How Long Do Pending Charges Remain on a Background Check?
If a pending charge does appear, it will typically remain on a background check until the case is resolved. This resolution could involve:
- Conviction: If the individual is found guilty, the conviction will replace the pending charge on the record.
- Acquittal: If the individual is found not guilty, the charge will likely be removed from the report.
- Dismissal: If the charges are dismissed, the entry may remain but will often indicate the case's dismissal.
- Plea Bargain: The details of a plea bargain will influence how it appears on a background check.
What if a Pending Charge is Expunged or Sealed?
Expungement or sealing of a record means that the information is removed from public view. However, some background checks may still access these records, depending on the agency conducting the check and the specific state laws.
What Can I Do if a Pending Charge Appears on My Background Check?
If a pending charge appears unjustly or inaccurately on a background check, you have options:
- Dispute the Information: Contact the background check company and dispute the accuracy of the information.
- Seek Legal Counsel: An attorney can advise you on your rights and how to proceed with challenging the information.
In conclusion: Whether pending criminal charges show up on a background check is highly circumstantial. The best approach is to be aware of the potential for this to happen and consult with legal professionals if you have concerns about how pending charges might impact you. It's always advisable to be proactive and transparent about any legal issues you may be facing during the background check process.
