Will Pending Charges Show Up on a Background Check?
The question of whether pending charges appear on a background check is a complex one, with the answer depending on several factors. While not always guaranteed, pending charges can show up, but the details and likelihood depend on the type of background check, the jurisdiction, and the specific details of the case. Let's break it down.
What is a Background Check?
Before diving into the specifics of pending charges, it's crucial to understand what a background check actually entails. A background check is a comprehensive review of an individual's history, often including criminal records, employment history, credit reports, and sometimes educational records. The information included varies significantly based on the type of check and the purpose for which it's conducted. For instance, a background check for employment will differ substantially from one conducted for a security clearance.
Types of Background Checks and Their Coverage of Pending Charges
Different types of background checks delve into different levels of detail. Here's a breakdown of how pending charges might be reflected:
-
Basic Background Checks: These typically only uncover convictions, not pending charges. They usually only look at county-level records, and may not always be comprehensive.
-
County-Level Background Checks: These checks search the records of the specific county where the individual resides or where the alleged offense occurred. They are more likely to show pending charges than basic checks.
-
State-Level Background Checks: Expanding the search to the entire state, these checks increase the chance of uncovering pending charges if they're filed within that jurisdiction.
-
National Background Checks: These searches span multiple states and potentially federal databases. They are more likely to reveal pending charges, but access to these databases is often restricted and requires authorization for the specific purpose of the background check.
-
Federal Background Checks: Used for government positions or security clearances, these are the most extensive and often reveal the widest range of information, including pending charges.
What Factors Influence Whether Pending Charges Appear?
Even with a comprehensive background check, several factors can influence whether pending charges show up:
-
Jurisdiction: The laws and record-keeping practices vary significantly from state to state, and even between counties within a state. Some jurisdictions are quicker to update their databases than others.
-
Time Since Charges Filed: More recently filed charges are more likely to appear in the database, while older pending cases might not yet be fully reflected.
-
Type of Charge: The seriousness of the charge can also influence its visibility on a background check. More serious charges are typically processed and updated more quickly.
-
Database Access: The database used for the background check will dictate the type of information accessible. Not all databases are updated in real-time.
-
The Background Check Company: The thoroughness of the background check company will vary. Some companies are more comprehensive and up-to-date in their information gathering than others.
How Long Does it Take for Pending Charges to Appear?
There is no definitive timeframe. It could range from a few days to several months, or even longer. The delay depends on the factors mentioned above.
Will a Pending Charge Affect My Job Application?
The impact of a pending charge on a job application is highly dependent on the employer, the job, and the nature of the charge. Some employers might automatically disqualify an applicant with pending charges, while others might take a more nuanced approach, considering the specifics of the case and the applicant's overall qualifications.
Can I Remove a Pending Charge From My Record?
You cannot remove a pending charge from your record until the case is resolved. Once resolved (whether through acquittal, dismissal, or conviction), the outcome will be reflected on your record, potentially affecting future background checks. The rules regarding expungement or sealing of records vary significantly depending on the jurisdiction and the type of charge.
In conclusion, while not guaranteed, pending charges can appear on a background check. The likelihood depends on a number of variables, making it impossible to provide a simple yes or no answer. It's advisable to consult with a legal professional for specific advice related to your circumstances.
