Will Pending Criminal Charges Show Up in a Background Check?
The short answer is: maybe. Whether pending criminal charges appear on a background check depends on several factors, making it a complex issue with no simple yes or no answer. This article will delve into the specifics, clarifying what influences the outcome and what you can expect.
What is Included in a Background Check?
Before addressing pending charges, it's crucial to understand what typically comprises a background check. These checks often include:
- Criminal History: This section covers past convictions, arrests, and sometimes even pending charges. The depth of this information varies based on the type of check and the reporting agency used.
- Civil Records: This might encompass bankruptcies, lawsuits, and liens.
- Employment History: Verifying past jobs and employment dates.
- Education Verification: Confirming educational credentials.
- Credit History: A credit report showing your creditworthiness.
Factors Affecting Whether Pending Charges Appear
Several factors determine whether pending charges will surface in a background check:
- The Type of Background Check: A basic background check might only reveal convictions. More comprehensive checks, like those used for employment in sensitive positions (law enforcement, childcare, etc.), often include arrests and pending charges.
- The Reporting Agency: Different agencies use different databases and have varying levels of access to information. Some may have more up-to-date information than others.
- The Jurisdiction: Laws regarding the reporting of pending charges vary by state and even county. Some jurisdictions may report pending charges more readily than others.
- The Time Elapsed: The closer the charge is to the background check, the higher the likelihood of it appearing. However, even charges from years ago may still show up depending on the level of the background check.
- Sealing or Expungement: If charges are sealed or expunged (legally removed from public records), they generally won't show up in a background check. However, the process for sealing or expungement varies significantly by location.
How Are Pending Charges Reported?
Pending charges are typically reported as "pending," "arrest," or "charge" – not as a conviction. This is vital because it denotes that the individual has not been found guilty. It simply indicates that charges have been filed. The status of these charges can change significantly – they could be dismissed, reduced, or lead to a conviction.
What Happens if Pending Charges Show Up?
The impact of pending charges appearing on a background check can be significant. It could affect:
- Employment Opportunities: Many employers, particularly those in regulated industries, will view pending charges negatively.
- Housing Applications: Landlords might hesitate to rent to individuals with pending charges.
- Licensing and Professional Credentials: Pending charges can delay or prevent the acquisition of licenses.
- Immigration Status: Depending on the nature of the charges, it could create issues for individuals seeking immigration status.
Can I Do Anything About Pending Charges Showing Up?
While you can't erase pending charges from existing records, you can:
- Hire an Attorney: A qualified attorney can advise you on the best course of action regarding your legal case. This could potentially lead to dismissal or reduction of charges, which would have a positive impact down the line.
- Seek Expungement or Sealing: Once the case is resolved (either dismissed or a favorable outcome achieved), you may be eligible to have your records sealed or expunged in some jurisdictions.
In Conclusion: Whether pending criminal charges will show up on a background check is uncertain. It hinges on many factors, and proactive steps like legal representation can help mitigate potential negative consequences. It's advisable to seek legal counsel to understand your rights and the specific implications in your situation. The information presented here is for general knowledge and should not be considered legal advice. Always consult a legal professional for advice on your individual circumstances.
