Do Pending Charges Show Up on a Background Check?
The short answer is: it depends. Whether pending charges appear on a background check is complex and hinges on several factors. This article will explore these factors in detail, answering common questions surrounding pending charges and background checks.
What is considered a "pending charge"?
A pending charge refers to a criminal charge that has been filed against an individual but hasn't yet been resolved through a trial, plea bargain, or dismissal. This means the legal process is ongoing. This can range from the initial arrest to the various stages before a final verdict is reached.
What type of background check are you considering?
The type of background check significantly impacts whether pending charges will be revealed. Different checks access different databases and have varying levels of detail.
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Criminal Background Checks: These are the most common and usually look at county, state, and sometimes federal criminal records. Pending charges may appear, but it’s not guaranteed. The information available often depends on how quickly the relevant agencies update their databases. Some jurisdictions are faster than others.
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Pre-Employment Background Checks: Employers utilize these during the hiring process. Their scope varies, and whether they include pending charges depends on the employer's policies and the specific background check provider they use. Many employers focus on convictions rather than pending charges, but this isn't always the case.
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Tenant Screening Background Checks: Landlords often perform these checks on prospective tenants. Similar to pre-employment checks, the inclusion of pending charges is variable and depends on the specific screening service used.
How quickly are pending charges updated?
The speed at which pending charges are reflected in databases is inconsistent. Some jurisdictions update their records almost immediately, while others may lag behind, resulting in a delay before the charge appears on a background check. This lag can span weeks, months, or even longer.
Will a dismissed charge show up?
Generally, once a charge is dismissed, it should not show up on a background check. However, there might be a brief period before the dismissal is reflected in the records. Furthermore, the specifics of how dismissals are handled can vary by jurisdiction.
What about sealed or expunged records?
Sealed or expunged records are typically not visible on background checks. The process of sealing or expunging a record legally removes it from public view. However, note that some specialized background checks may still reveal information on expunged records depending on the specific laws in that jurisdiction and the background check provider.
Does the severity of the charge matter?
Yes, the severity of the charge can influence its appearance on a background check. More serious charges are generally more likely to be quickly updated and included in the reports. Minor offenses might not always be included, especially if they're pending.
What should I do if a pending charge appears on my background check?
If a pending charge appears on your background check, it's crucial to understand the context. Consult with a legal professional to discuss your rights and potential consequences. They can advise you on the best course of action based on your specific circumstances.
In summary, the appearance of pending charges on a background check is unpredictable. The type of check, the jurisdiction, the speed of database updates, and the severity of the charge all play a significant role. Always consider consulting a legal expert if you have concerns about pending charges and their potential impact.
