Do Pending Charges Show 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, clarifying what influences the visibility of pending charges and helping you understand what you might encounter.
What is a Background Check?
Before we discuss pending charges, it's crucial to understand what a background check encompasses. A background check is a review of an individual's history, typically including criminal records, employment history, credit history, and sometimes educational background. The specific information included varies greatly depending on the type of background check and the entity conducting it. For example, a background check for employment will likely differ significantly from one performed for a rental application.
What Factors Influence Whether Pending Charges Appear?
Several key factors determine whether pending charges will show up on a background check:
-
The Type of Background Check: Different background checks access different databases. Some checks may only access publicly available court records, while others might have access to more comprehensive databases including those used by law enforcement. Pending charges might be recorded in one database but not another.
-
The Jurisdiction: The laws regarding the reporting of pending charges vary by state and even county. Some jurisdictions may publicly record pending charges immediately, while others only do so after a conviction or dismissal.
-
The Database Used: Background check companies utilize various databases. The comprehensiveness and timeliness of these databases significantly impact whether pending charges are visible. Not all companies have access to real-time updates from all court systems.
-
The Timing of the Background Check: The closer the background check is to the time the charges were filed, the less likely it is that the information will be included in the report. It takes time for charges to be processed and entered into the relevant databases.
What if the Charges are Dismissed?
If the pending charges are dismissed, they generally will not appear on subsequent background checks. However, it's important to note that some records of the charges might remain in certain databases for a specific period. The specifics of record retention vary greatly by jurisdiction.
How Can I Check My Own Background Check?
Several websites offer background check services that individuals can utilize to review their own records. However, remember that these services might not include all possible information, and the results might not be completely accurate due to the complexities outlined above.
Will a Pending Misdemeanor Show Up?
The appearance of pending misdemeanors on background checks follows the same rules as felonies. The type of background check, the jurisdiction, and the timing all play a significant role. It's less certain that a minor misdemeanor will be included, especially if it's a recent charge not yet processed fully through the system.
Will a Pending Felony Show Up?
Pending felony charges are more likely to appear on a comprehensive background check than misdemeanors, particularly if they are serious crimes. The same factors regarding the type of check, jurisdiction, and timing still apply, but the gravity of the charge increases the likelihood of its inclusion in databases.
In conclusion, the presence of pending charges on a background check isn't guaranteed. The answer depends on a confluence of factors, and it's essential to understand that the information provided by a background check company may not be entirely comprehensive or up-to-the-minute. Always be aware of these limitations and consult with legal professionals if you have specific concerns about pending charges and their potential impact.
