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 explore those factors and provide clarity on what you might expect.
What is Included in a Background Check?
A background check is a comprehensive report that examines an individual's past, usually focusing on criminal history, credit history, and employment verification. The specific information included varies greatly depending on the type of background check conducted and the entity conducting it. For instance, a background check for a job application will likely differ significantly from one used for a security clearance.
Criminal history reports typically include details of past arrests, convictions, and sometimes even dismissed charges. However, the inclusion of pending charges is less certain.
Factors Determining if Pending Charges Appear
Several crucial factors influence whether pending charges will surface in a background check:
1. The Type of Background Check:
- County-Level Checks: These checks are limited to the specific county where the charge was filed. They are often more detailed and might include pending charges, especially if the court records are publicly accessible.
- State-Level Checks: These checks cover the entire state. They might include pending charges, but the information might be less detailed or updated less frequently than county-level checks.
- National Background Checks (like those from commercial providers): These often rely on aggregated data from various sources. The inclusion of pending charges is less consistent because the reporting and updating of data vary across jurisdictions. The data may be limited to convictions.
- Federal Background Checks: These checks are the most thorough and often used for sensitive positions. They may include pending charges, especially if they involve federal offenses.
2. The Timeliness of the Check:
Background checks are snapshots in time. If the background check is conducted after a conviction, the conviction will certainly appear. However, if the charges are still pending, the report might or might not reflect the pending case depending on how recently the court records were updated and the accuracy of the database used.
3. Public Access to Court Records:
Some states maintain publicly accessible court records online, while others have stricter regulations on access. The accessibility of court records directly impacts whether a background check provider can retrieve and include information about pending charges.
4. The Background Check Provider:
Different background check providers utilize various databases and methods to collect information. Some may be more thorough than others in searching for and including pending charges. The accuracy and completeness of their data can also differ significantly.
Will a Pending Charge Affect My Application?
Even if a pending charge doesn't show up on a background check, it doesn't mean it won't affect your application. Many employers conduct their own investigations, including contacting courts and law enforcement directly. Be honest and upfront about any pending charges on your application; concealing this information can lead to serious consequences.
What to Do if You Have Pending Charges
If you have pending charges, it's crucial to:
- Understand your rights: Consult with a legal professional to understand the potential consequences of the charges and how to best navigate the legal process.
- Be honest and transparent: When applying for jobs or undergoing background checks, be prepared to address the pending charges honestly and explain the situation.
- Keep records: Maintain copies of all relevant legal documents and communications related to your case.
Frequently Asked Questions
Will a dismissed charge show up on a background check?
The answer depends on the jurisdiction and type of background check. While a dismissed charge might not appear on all background checks, it's best to consult with a legal professional to understand how it might affect you.
How long do pending charges stay on your record?
The length of time pending charges remain on your record varies based on whether there is a conviction and the specific laws of the jurisdiction. If the charges are dismissed, they might not show up on all background checks in the long run. However, a conviction will stay on your record, for many years, depending on the crime.
Can I expunge a pending charge?
Expungement is a legal process of sealing or destroying court records. Whether a pending charge can be expunged depends on the specific circumstances, the jurisdiction, and the nature of the charges. Legal advice is essential.
In conclusion, the presence of pending criminal charges on a background check is not guaranteed. The process is influenced by many interconnected factors. Transparency and legal counsel are vital steps to navigate the complexities of background checks with pending legal proceedings.
