Can A Background Check Show Pending Charges
Can a Background Check Show Pending Charges?
If you're wondering, "can a background check show pending charges?", you've come to the right place. It's a really common and important question, especially if you're applying for a new job, renting an apartment, or seeking professional licensing. The short answer is: yes, absolutely. Background checks are designed to reveal a wide range of information, and pending charges are often right at the top of that list.
Let's dive into the details and understand exactly how these checks work, what they look for, and what you might expect to see if a background check is run on you, or someone you know.
Understanding Pending Charges
First things first, what exactly do we mean by "pending charges"? This term refers to a situation where a person has been arrested and formally charged with a crime, but their case has not yet reached a final resolution. This means there hasn't been a conviction, an acquittal, a dismissal, or any other final judgment from the court.
What Does "Pending" Really Mean?
When charges are pending, it usually means the legal process is still underway. This could involve various stages like arraignments, preliminary hearings, discovery processes, or even waiting for a trial date. The charges are active and officially recorded in the court system, even if a final verdict hasn't been reached.
Because these charges are part of an active court record, they are generally considered public information. This public availability is precisely why they can appear on many types of background checks.
The Mechanics of a Background Check
So, how do these checks actually get their information? Most professional background check services scour various public databases and records. They look at criminal court records, arrest records, and sometimes even local law enforcement records to gather information about an individual's past and present legal standing.
How Information is Gathered
These services often access county court records, state criminal repositories, and sometimes even federal databases. The type of check requested (e.g., employment, tenant, licensing) dictates the depth and breadth of the search. Generally, if a charge is filed in court, it becomes a public record that is accessible through these searches.
When Do Pending Charges Appear?
You might be wondering if all types of background checks will show pending charges. While many do, the specifics can vary depending on the purpose of the check and the laws of the state or jurisdiction. However, for most comprehensive checks, especially those for employment or housing, pending charges are typically included.
Employer vs. Tenant vs. Professional Licensing Checks
- Employment Background Checks: Many employers, especially those in sensitive industries or roles requiring high trust, will see pending charges. They look for information relevant to job duties and workplace safety.
- Tenant Background Checks: Landlords often run criminal background checks to ensure the safety of their property and other tenants. Pending charges would be relevant here.
- Professional Licensing: For fields like healthcare, finance, or law, professional licensing boards almost always conduct thorough criminal checks, which will reveal any pending charges.
The "Public Record" Aspect
The key reason "can a background check show pending charges" is often answered with a "yes" is due to their status as public records. Once a charge is filed in court, the information becomes part of the public domain. While some records might be sealed or expunged later, pending charges are usually openly accessible during the active phase of a case.
What a Background Check Might Reveal
When a pending charge appears on a background check, it typically includes details like:
- The date of arrest and filing of charges.
- The specific charges brought against the individual.
- The court where the case is being heard.
- The current status of the case (e.g., "pending," "open," "active").
- Scheduled court dates, if available.
It's important to remember that a "pending charge" is not a "conviction." It merely indicates that a legal process is in motion. However, the presence of a pending charge can still influence decisions made by employers, landlords, or licensing boards.
The Impact of Pending Charges
While a pending charge isn't a conviction, it can still raise questions. Employers, for example, might consider the nature of the charge and its relevance to the job. For instance, a pending theft charge might be a significant concern for a role handling money.
What Employers Look For
Employers are primarily interested in risk assessment. They evaluate whether a pending charge could pose a risk to their business, employees, or customers. Laws like the Fair Credit Reporting Act (FCRA) govern how background check information can be used, ensuring fairness and accuracy.
Conclusion
So, to reiterate, "can a background check show pending charges?" Yes, they most certainly can. These checks pull information from public court records, which typically include active and unresolved criminal cases. While a pending charge isn't a conviction, it's often visible and can be a factor in various decisions, from employment to housing. Transparency and being prepared to discuss any pending issues are always good strategies.
Frequently Asked Questions (FAQ)
- Can employers see dismissed charges on a background check?
- It depends. If a charge was dismissed but not formally expunged or sealed, it might still appear on some less comprehensive background checks. However, a properly expunged or sealed record should not appear.
- How long do pending charges stay on a background check?
- Pending charges usually remain visible until the case is resolved. Once resolved (e.g., conviction, acquittal, dismissal), the record will reflect the final outcome. If not expunged, convictions can stay on for many years, sometimes indefinitely, depending on the state and the type of record.
- Is a pending charge the same as a conviction?
- No, absolutely not. A pending charge means the legal process is still ongoing and no final judgment has been made. A conviction means you have been found guilty of the crime, either through a plea or a court verdict.
- What should I do if a pending charge appears on my background check?
- If you believe the information is inaccurate, contact the background check company to dispute it. If it's accurate, consider being upfront and explaining the situation to the employer or landlord, especially if the charge is minor or unrelated to the position/housing.
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