Will Pending Charges Show Up on a Background Check?
The short answer is: sometimes. Whether pending 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 delve into the specifics, addressing common questions and concerns.
What is a Background Check?
Before we explore pending charges, let's clarify what a background check entails. A background check is a process used to investigate an individual's history, often for employment, housing, or legal purposes. These checks typically look at criminal records, credit history, and sometimes employment and education verification. The information included and the depth of the search vary significantly depending on who is conducting the check and the purpose.
What Information is Included in a Background Check?
Background checks pull data from various sources, including:
- Criminal Records: These are databases maintained at the local, state, and federal levels. They include information on arrests, convictions, and sometimes dismissed charges.
- Civil Records: These records include lawsuits, bankruptcies, and other civil judgments.
- Public Records: This encompasses a wide array of publicly available information, depending on the jurisdiction.
The crucial point regarding pending charges is that they are not always included in criminal records. A background check accessing only convictions will not show pending charges.
Will Pending Charges Show Up on a Background Check? A Deeper Dive
The visibility of pending charges hinges on several key factors:
- The Type of Background Check: A simple background check focusing solely on criminal convictions will likely not show pending charges. More comprehensive checks, however, may reveal them if the information is available through the sources they utilize.
- The Database Accessed: Different background check companies access different databases. Some databases may include information on arrests or pending charges, while others may only contain conviction data.
- Jurisdiction: Laws and regulations regarding access to criminal information vary widely by state and even county.
- Timing: Even if a database includes pending charges, the information may not be immediately updated. There can be a delay between the filing of charges and their appearance in the database.
In summary: While pending charges might appear on a more extensive background check, it's not guaranteed.
What if a Pending Charge is Dismissed?
If a pending charge is dismissed, it typically won't appear on a background check, especially those focusing only on convictions. However, some records may retain a trace of the arrest or charge, even if dismissed. This highlights the importance of understanding the specifics of the background check being conducted.
How to Prepare for a Background Check
The best way to prepare for a background check is to be upfront and honest about your history. If you have pending charges, disclosing this information proactively can often be better than having it discovered unexpectedly. Consult with a legal professional for personalized guidance.
Does a Pending Misdemeanor Show Up? Does a Pending Felony Show Up?
Both pending misdemeanors and felonies may show up, but the likelihood and the impact vary. The factors mentioned above (type of background check, database, jurisdiction, timing) apply equally to both. A felony is naturally more significant and will have a more substantial effect should it appear on a report.
Are Pending Charges Public Record?
Whether pending charges are public record depends entirely on the jurisdiction and the specific case. In some jurisdictions, arrest information is public record immediately, while in others, access is restricted until the case is resolved.
This information is for general educational purposes only and does not constitute legal advice. For guidance specific to your situation, consult with a legal professional.
