The question of whether background checks can reveal pending charges is complex and depends on several factors. The short answer is: sometimes, but not always. The visibility of pending charges hinges on the type of background check conducted, the jurisdiction, and the specific database used.
Let's delve deeper into the nuances:
What Types of Background Checks Exist?
Several types of background checks exist, each with varying scopes and access to information:
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National Background Checks: These checks typically access nationwide databases, including criminal records. However, the comprehensiveness varies. While many national databases include felony and misdemeanor convictions, the inclusion of pending charges is less consistent.
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County-Level Background Checks: These checks are more granular, focusing on a specific county's records. The likelihood of uncovering pending charges in a county-level check is higher than with a national check, as these databases often reflect more recent updates.
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State-Level Background Checks: Similar to county-level checks, these examine records within a specific state. Again, the inclusion of pending charges is more probable than with national checks, but not guaranteed.
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Federal Background Checks: These are the most comprehensive, particularly relevant for employment in sensitive sectors like government or finance. While these may reveal pending federal charges, state-level pending charges might not be included.
What Information is Typically Included in a Background Check?
A standard background check usually includes:
- Criminal Convictions: This encompasses felony and misdemeanor convictions, usually dating back a certain number of years (this varies by state and employer).
- Arrests: Some checks might include arrest records, even if the charges were later dismissed.
- Civil Judgments: These involve lawsuits and financial records.
- Driving Records: This includes traffic violations, accidents, and license suspensions.
Can Background Checks See Pending Charges? A Deeper Dive
The inclusion of pending charges is not standardized. Some databases may include them; others may not. Factors influencing this include:
- Time Sensitivity: Pending charges are, by nature, temporary. Databases might not update frequently enough to capture every single pending charge at every stage of the legal process.
- Jurisdictional Differences: Laws and data sharing practices vary across states and counties. What one jurisdiction considers public record, another might not.
- Database Updates: Even within a single jurisdiction, the frequency of database updates influences whether a pending charge appears in a background check.
- Type of Background Check: More comprehensive checks often have a higher chance of revealing pending charges than more basic checks.
What About Expunged or Sealed Records?
Expunged or sealed records are generally not included in background checks, even if they were previously visible.
How Can I Find Out About Pending Charges Against Myself?
If you are concerned about potential pending charges, the best way to ascertain your legal status is to directly contact the relevant court or law enforcement agency in your jurisdiction.
In Conclusion
While some background checks may reveal pending charges, it's not guaranteed. The visibility of pending charges depends on numerous variables. Relying solely on a background check to determine the existence of pending charges against an individual is unreliable. For definitive information, a legal inquiry is necessary.
