Do Pending Charges Show Up on a Background Check?
The question of whether pending charges appear on a background check is complex and doesn't have a simple yes or no answer. The visibility of pending charges depends on several factors, including the type of background check, the specific jurisdiction, and the stage of the legal proceedings. Let's break it down.
What is a Background Check?
First, it's crucial to understand that "background check" is a broad term. Different types of background checks reveal different information. Some only look at criminal history, while others are far more comprehensive, encompassing credit reports, employment history, and even social media activity. The type of background check will significantly impact whether a pending charge is included.
How Criminal Records are Compiled
Criminal records are typically compiled at the county, state, and sometimes federal levels. Information is usually added when a formal charge is filed with the court. This means that even a preliminary charge (an arrest, for example) may not automatically appear.
Do Pending Charges Show Up on Criminal Background Checks?
Pending charges are less likely to appear on a basic criminal background check than charges that have resulted in a conviction. However, the answer is not always a definitive "no". Here's why:
- Court Records: Many background checks access court records directly. If the charge has been filed and is accessible through the court's public record system, it might be included. This varies widely depending on the state and the court's policies on public access.
- County-Level Databases: Some county-level databases may include information on pending charges as part of their records. These databases are often used by private background check companies.
- Time Sensitivity: The time elapsed since the charge was filed also matters. A very recent pending charge may not yet be indexed in the databases used by background check providers.
- Type of Charge: The severity of the charge may influence its inclusion. More serious felony charges might be more likely to appear than minor misdemeanors.
What About More Comprehensive Background Checks?
Companies conducting more extensive background checks, such as those for employment in sensitive positions, may employ more thorough search methods that could potentially reveal pending charges. These companies may have access to broader databases or utilize investigative techniques beyond simple record searches.
What if the Charges are Dismissed?
If the charges are ultimately dismissed, the record may be expunged or sealed, depending on state law. Even if initially visible, a dismissed charge will likely be removed from future background checks once the legal process is complete.
Will a Pending Charge Affect My Employment or Housing Application?
While a pending charge may not always appear, it could still affect your application. Many employers and landlords conduct their own investigations or use more comprehensive background checks. Even if not visible on the initial report, the disclosure of a pending charge could lead to rejection. It is always best to be honest and transparent during the application process.
How Can I Check My Background Check Myself?
Several reputable companies offer background check services to individuals. These reports can offer a snapshot of what information is accessible about you. Keep in mind that information may change over time.
In conclusion, the visibility of pending charges on a background check is highly variable. While not always immediately included in basic criminal background checks, they might show up in more comprehensive reports, especially if accessible via court records. It's crucial to be aware of this possibility and to proceed with transparency in any application where you are required to disclose such information.
