Do Pending Criminal Charges Show Up on a Background Check?
When applying for a job, loan, or other opportunity, many individuals undergo a background check to ensure they do not have any criminal history. But what happens if you have pending criminal charges? Do they show up on a background check? In this article, we will delve into the answer to this question and explore the nuances of background checks.
Do Pending Criminal Charges Show Up on a Background Check?
The Answer:
Yes, pending criminal charges can show up on a background check. The Fair Credit Reporting Act (FCRA) requires background screening companies to report any criminal charges, including pending charges, as part of the background check process. This is because pending charges can be an indication of a person’s criminal history and may impact their ability to secure a job or other opportunity.
Why Do Pending Charges Show Up on a Background Check?
There are several reasons why pending criminal charges may show up on a background check:
- Public Records: Most criminal charges, including pending ones, are public records. Background screening companies have access to these records and may include them in their reports.
- Police Reports: Police reports, including those related to pending charges, are also public records and may be included in a background check.
- Court Records: Court records, including those related to pending charges, are also public records and may be included in a background check.
Types of Pending Charges That May Show Up on a Background Check
The following types of pending charges may show up on a background check:
- Misdemeanors: Misdemeanor charges, such as petty theft or disorderly conduct, may be included in a background check.
- Felonies: Felony charges, such as burglary or assault, may be included in a background check.
- Warrants: Outstanding warrants, including those for misdemeanor or felony charges, may be included in a background check.
- Arrests: Arrests, including those that did not result in charges, may be included in a background check.
How Long Do Pending Charges Stay on a Background Check?
Pending charges can stay on a background check for an extended period of time, even after the charges are dropped or dismissed. In some cases, charges may be expunged from a person’s record, but this is not always the case.
Factors That Affect How Long Pending Charges Stay on a Background Check
The following factors can affect how long pending charges stay on a background check:
- Type of Charge: Misdemeanor charges may stay on a background check for 5-7 years, while felony charges may stay on a background check for 10-15 years or more.
- Court Disposition: If a charge is dropped or dismissed, it may be removed from a background check after a certain period of time.
- State Laws: State laws may govern how long pending charges can stay on a background check.
What Can You Do If You Have Pending Charges and Are Concerned About a Background Check?
If you have pending charges and are concerned about a background check, consider the following:
- Check Your State’s Laws: Familiarize yourself with your state’s laws regarding expungement and sealing of criminal records.
- Consult with a Lawyer: Consult with a lawyer who specializes in criminal law to discuss your options for resolving your pending charges.
- Consider a Background Check Service: Consider using a background check service that specializes in expunged records or records that are not publicly available.
- Be Honest: Be honest about your pending charges when applying for a job or other opportunity. Failure to disclose pending charges can result in serious consequences.
Conclusion
In conclusion, pending criminal charges can show up on a background check. It is essential to understand the laws and regulations surrounding background checks and to take steps to address any pending charges you may have. By doing so, you can increase your chances of securing a job or other opportunity and minimizing the impact of pending charges on your life.
Table: Types of Pending Charges That May Show Up on a Background Check
| Type of Charge | Description |
|---|---|
| Misdemeanors | Petty theft, disorderly conduct, etc. |
| Felonies | Burglary, assault, etc. |
| Warrants | Outstanding warrants for any type of charge |
| Arrests | Arrests that did not result in charges |
Table: Factors That Affect How Long Pending Charges Stay on a Background Check
| Factor | Description |
|---|---|
| Type of Charge | Misdemeanor vs. felony charges |
| Court Disposition | Charge dropped or dismissed |
| State Laws | Laws governing expungement and sealing of records |
Conclusion
Do pending criminal charges show up on a background check? Yes, they can. It is essential to understand the laws and regulations surrounding background checks and to take steps to address any pending charges you may have. By doing so, you can increase your chances of securing a job or other opportunity and minimizing the impact of pending charges on your life.
