Do 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 single definitive answer. This article will delve into the specifics, clarifying the intricacies of how and why pending charges might—or might not—show up.
What is a Background Check?
Before we dive into pending charges, let's clarify what a background check entails. A background check is a comprehensive review of an individual's history, typically including criminal records, employment history, credit history, and sometimes educational background. The specific information included varies depending on the type of check and the entity conducting it (e.g., employer, landlord, licensing agency).
What Types of Background Checks Exist?
Different types of background checks reveal different information. Some only access publicly available records, while others have access to more comprehensive databases. The level of detail regarding pending charges will vary significantly.
- Consumer Reports: These usually focus on credit and public records, and may or may not include pending charges depending on how quickly the information is updated in the relevant databases.
- Employer Background Checks: These can be more extensive, potentially accessing criminal databases that may include information on pending charges, especially if the charges are serious.
- Court Records Searches: These searches are typically conducted by legal professionals and access the most up-to-date information on pending court cases.
Do Pending Charges Always Show Up?
No. The visibility of pending charges hinges on several crucial factors:
- The Stage of the Legal Process: Very early-stage charges, such as an arrest before formal charges are filed, might not appear. However, as the case progresses through the legal system (arraignment, indictment, etc.), the likelihood of it showing up increases.
- The Database Used: Different databases update at different speeds. Some may reflect pending charges almost immediately, while others may lag. This is why the type of background check used is so crucial.
- Jurisdiction: The laws and practices concerning the reporting of pending charges vary across different states and jurisdictions. Some states may have more stringent reporting requirements than others.
- The Type of Charge: The severity of the charge will impact its visibility. Serious felony charges are more likely to be flagged than minor misdemeanors.
How Long Do Pending Charges Remain on a Background Check?
This is highly dependent on the outcome of the case.
- Dismissal: If the charges are dismissed, they may still appear for a short time, but usually won't remain permanently.
- Conviction: If a conviction occurs, this will definitely appear on background checks, often for many years, depending on the severity and relevant laws.
- Ongoing Case: Pending charges will continue to appear until the case is resolved.
What if the Charges are Dismissed?
Even if charges are dismissed, they may still show up briefly on some background checks, as databases may not update immediately. However, most reputable reporting agencies will indicate that the charges were dismissed. Over time, this information will likely be purged from most reports.
Can I Dispute Information on a Background Check?
Yes, you usually have the right to dispute inaccurate or incomplete information on a background check. Contact the reporting agency to initiate this process. Providing documentation supporting your claim (e.g., court documents showing dismissal) is crucial.
In conclusion, the presence of pending charges on a background check is not guaranteed. The visibility of such charges depends on a complex interplay of factors. If you have concerns about pending charges, it is best to consult with a legal professional to understand your rights and the potential implications.
