Do Pending Charges Show on a Background Check?
The short answer is: sometimes. Whether pending charges appear on a background check is complex and depends on several factors. It's not a simple yes or no answer, and understanding the nuances is crucial.
This article will delve into the details, answering frequently asked questions and providing clarity on this often confusing topic.
What is a Background Check?
Before we dive 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 educational background. The information included and the depth of the search vary depending on the type of background check and who is conducting it.
What Types of Background Checks Exist?
Several types of background checks exist, each with varying levels of detail and access to information. These include:
- Criminal Background Checks: These focus on criminal records, including arrests, convictions, and sometimes pending charges.
- Employment Background Checks: These often include verification of previous employment, education, and sometimes criminal history.
- Tenant Screening Background Checks: These focus on an applicant's rental history, credit score, and often include a criminal background check.
Do Pending Charges Always Show Up?
No. Pending charges are not always included in background checks. Here's why:
- Data Lag: Background check databases are not always updated in real-time. There's often a delay between the filing of charges and the information being added to the databases used by background check companies.
- Jurisdictional Differences: Laws governing access to and dissemination of criminal justice information vary significantly by state and even county. Some jurisdictions may not allow access to pending charges, while others may.
- Type of Background Check: The type of background check conducted significantly impacts what information is revealed. A more comprehensive check is more likely to uncover pending charges than a basic one.
- Data Sources: Background check companies utilize various data sources. Not all sources will include pending charges.
How Long Do Pending Charges Take to Appear?
There's no set timeframe. The delay can range from a few weeks to several months, depending on the factors listed above. If the charges are eventually dismissed, they may or may not appear on subsequent checks.
Will a Dismissed Charge Show Up on a Background Check?
Again, it depends. Some jurisdictions automatically expunge (remove) dismissed charges from records. Others might require a formal petition for expungement. Even if a charge is dismissed, it might still appear on a background check, particularly if the background check is conducted soon after the dismissal.
What if My Pending Charges are Misdemeanors vs. Felonies?
Generally, felonies are more likely to appear on background checks than misdemeanors, both pending and resolved. However, even minor misdemeanors can show up, depending on the factors mentioned previously.
What Can I Do if a Pending Charge Appears?
If a pending charge appears on your background check, it's important to be upfront and transparent about it. Explain the circumstances to the individual or entity conducting the check. If the charges are dismissed, consider seeking an official record of the dismissal to provide as evidence.
What About Expungement?
Expungement is a legal process to have a criminal record sealed or erased. The eligibility requirements and process for expungement vary significantly by state. If you're eligible, seeking expungement can help remove the record of past charges from your background check.
This information is for educational purposes only and should not be considered legal advice. If you have specific legal questions regarding your pending charges and their potential impact on background checks, consult with an attorney in your jurisdiction.
