Do Pending Criminal Charges Show Up on Background Checks?
When applying for a job, apartment, or even a loan, individuals undergo a background check to reveal any past or current legal issues. One of the most common questions in this context is: do pending criminal charges show up on background checks? The answer is yes, but not always.
How Do Background Checks Work?
Background checks are a critical step in the hiring, lending, or tenant selection process. They are usually conducted by third-party organizations or the employer/ landlord themselves. The primary purpose is to gather information on an individual’s criminal history, creditworthiness, and employment history.
A typical background check may involve a thorough search of public records, including:
- Criminal history records from local, state, and federal courts
- Public records databases (e.g., driving records, bankruptcy filings)
- Credit reports
- Social media searches
- References from previous employers
Do Pending Charges Show Up on Background Checks?
Pending criminal charges typically do appear on background checks, but the scope of disclosure depends on various factors. In the United States, there is no national database for criminal records. Instead, each state has its own system, with varying rules and procedures. This leads to differences in how pending charges are handled during a background check.
How Pending Charges Affect a Background Check
Here’s a breakdown of how pending charges can impact a background check:
• Warrants: An active warrant will likely appear on a background check.
• Arrest Records: Even if charges haven’t been filed, arrest records might still show up.
• Charge Lists: Many states release pending charges, including misdemeanor and felony counts.
• Case Status: A pending case’s status, including whether it’s pending or dismissed, may be listed.
However, the results may vary depending on:
• State and Jurisdiction: Different states and jurisdictions have varying disclosure laws and practices.
• Type of Charge: Petty offenses like traffic violations may not be reported, while more severe crimes likely will.
• Charging Decision: If a suspect is released without being formally charged, the arrest might not be reported.
• Sealing or Expunging: Certain types of cases can be sealed or expunged, making them invisible on background checks.
Why Would Pending Charges Show Up?
You might wonder why pending charges would show up on a background check at all. The reasons vary:
• Pre-screening: Employers use background checks to filter out applicants with pending criminal cases, which can indicate future legal issues.
• Public Records: As court records, pending charges become public information, accessible through background checks.
• Employment and Housing Criteria: Certain industries (e.g., healthcare, education) or housing authorities require a thorough background check due to concerns about the candidate’s safety and suitability.
• Compliance Requirements: Laws and regulations often require background checks to comply with certain standards, like the Fair Credit Reporting Act (FCRA) and the Federal Housing Administration’s (FHA) Guidelines.
What If My Pending Charge Doesn’t Show Up?
Even if a pending charge doesn’t appear on a background check, there are other considerations:
• Mailed Notices: If an applicant is contacted by a legal professional about the pending case, this information can still be reported on a background check.
• Third-Party Knowledge: People familiar with the pending charge, like victims or witnesses, might have shared the information with law enforcement or other agencies.
Best Practices for Disclosing Pending Charges
Whether you’re an individual preparing for a background check or an employer conducting one, it’s essential to know how to handle pending charges:
• Accuracy Matters: Ensure the accuracy of criminal records by verifying information and addressing discrepancies.
• Fair Disclosure: Only share relevant, accurate information. Be cautious not to breach privacy laws or commit fair housing and employment violations.
• Context Is Key: Provide context about pending charges, including case details, disposition, and whether the charge is related to the individual’s character.
• Compliance Counts: Follow relevant laws and regulations when conducting or evaluating background checks.
In conclusion, pending criminal charges typically do appear on background checks, but the scope and disclosure vary depending on jurisdiction, case type, and charging decisions. By understanding how pending charges are reported and best practices for handling them, individuals and organizations can ensure fair and accurate background checks. Remember: accuracy, fair disclosure, and context are crucial to avoiding legal and ethical implications.
