Will a Pending Misdemeanor Show on a Background Check?
As you prepare to apply for a job, apartment, or loan, you may worry about the information that might be revealed on a background check. One common concern is whether a pending misdemeanor will show up on your report. In this article, we’ll provide you with a direct answer and explore the implications of pending charges on your background check.
Direct Answer
Yes, a pending misdemeanor will likely show on a background check. Misdemeanors are a type of criminal offense punishable by up to one year in jail, and background checks typically include information about criminal records, including pending charges.
Why It Matters
When a prospective employer, landlord, or lender conducts a background check, they’re looking for potential red flags that might affect your credibility, reliability, or financial stability. Here are some reasons why having a pending misdemeanor on your record can be concerning:
• Employment consequences: A pending misdemeanor on your record may raise eyebrows with potential employers, making it harder to get hired or even causing them to rescind a job offer.
• Housing impact: Landlords may refuse to rent to you if they discover a pending criminal charge, fearing that your situation could affect the security and safety of their property.
• Loan disqualification: If you have a pending misdemeanor, your creditworthiness may be negatively impacted, making it challenging to secure a loan.
How Background Checks Are Conducted
Background checks are usually performed by employers, landlords, or other organizations using specialized companies like Acuity Screening or Employment Background Investigations. These checks typically involve searching public databases, court records, and other sources to gather information about an individual’s past and present criminal history, including:
• Courts and criminal records databases: The FBI’s Combined DNA Index System (CODIS) and the Interstate Identification Index (III)
• State and federal databases: Such as the National Crime Information Center (NCIC) and the Federal Bureau of Prisons (BOP)
• Private databases: Vendor-provided information, which may include data from commercial databases like LexisNexis and ChoicePoint
What a Pending Misdemeanor Looks Like
When a pending misdemeanor is reported on a background check, it may appear differently depending on the state, jurisdiction, and the background check provider. Here’s what you might see:
| Information | Appearance |
|---|---|
| Charge description | "Unspecified misdemeanor" or "Pending charge: [ offense name]" |
| Statute or code | Section [section number] or [state] [specific code] |
| Courts and dates | "Current charges pending in [judge’s name] court: [case number]" |
How to Handle a Pending Misdemeanor on a Background Check
While having a pending misdemeanor can be challenging, there are steps you can take to mitigate the impact:
- Check your rights: Understand your state’s laws regarding criminal records, including your right to review and dispute inaccurate information.
- Seek professional help: Consult with a lawyer or legal aid service to explore options for plea bargaining, diversion programs, or expungement.
- Provide context: If asked about the pending charge during an interview, be prepared to provide detailed information about the circumstances, your current status, and any efforts you’re making to resolve the issue.
- Focus on your strengths: Highlight your positive qualities, skills, and accomplishments to demonstrate that the pending charge is isolated and does not define you as a person.
Conclusion
A pending misdemeanor will likely show on a background check, and the implications can be significant for employment, housing, and financial opportunities. However, by understanding how background checks are conducted and taking steps to address the issue, you can better navigate these challenges and work towards clearing your name. Remember, it’s essential to comply with the law and handle the situation responsibly to maintain your reputation and achieve a positive outcome.
