Introduction
Imagine applying for your dream job, excited to finally receive that call. Then, a few weeks later, you get a polite but firm rejection. The reason? A background check revealed something you’d rather keep private: pending charges. This scenario, unfortunately, is more common than you might think. The intricacies of background checks and the inclusion of pending charges are often misunderstood, leaving individuals feeling vulnerable and uncertain about their futures.
A background check, in its essence, is a comprehensive review of a person’s past, typically conducted by employers, landlords, or financial institutions. Its primary goal is to assess risk and suitability, providing insights into an individual’s character and history. These checks can range from simple inquiries to in-depth investigations, covering a wide array of information. The information gleaned from these searches plays a critical role in important decisions that affect our lives.
But what about charges that are *pending*? That is, charges that have been filed against you, but have not yet been resolved? Will these pending legal matters surface during a background check? The answer, as you’ll soon discover, is nuanced and depends on several factors. This article delves deep into this crucial question, providing a comprehensive guide to understanding how pending charges are handled in background checks, their potential impact, and the steps you can take to navigate this complex landscape. We’ll explore the different types of checks, where the data comes from, and what to expect. Let’s get started.
Understanding Background Checks
Background checks are far from a one-size-fits-all process. The type of check conducted varies dramatically depending on the context. From employment to housing, the scope and depth of a background investigation can shift significantly.
The Wide World of Checks
Criminal background checks are the most common type. These checks generally focus on criminal history, including convictions for misdemeanors and felonies. They often search national, state, and local databases, aiming to uncover any history of criminal activity. An employer might use this check as part of a pre-employment screening.
Employment background checks extend beyond criminal records. They can include verifying previous employment, educational background, and professional licenses. Some employers will also look at a candidate’s credit history. This can be particularly true for positions that involve handling finances.
Landlords, too, utilize background checks, mostly for tenant screening. These checks evaluate credit scores, rental history, and criminal records, helping landlords assess the risk of renting to a prospective tenant.
Financial background checks are utilized by lenders and financial institutions to determine someone’s creditworthiness. This might include a look at the individual’s credit reports, their payment history, and outstanding debts.
Digging for Data: Where Information is Found
The information found in a background check doesn’t magically appear. It comes from various sources, each with its own level of accessibility.
Court records are a vital source, housing information on criminal cases. These records can include details on charges, court dates, case statuses, and final dispositions. The accessibility of court records varies depending on the jurisdiction, with some being readily available to the public online while others require a formal request.
Law enforcement agencies, such as the police department or sheriff’s office, also contribute information. This could include arrest records, which, depending on the jurisdiction, may or may not be automatically included in a background check.
Government databases, maintained at the federal, state, and local levels, house vital data. These databases may contain a variety of details, including the sex offender registry or lists of individuals with certain professional licenses.
Finally, private background check companies play a crucial role. These companies aggregate information from various sources, providing streamlined and often comprehensive reports. They may have access to databases that are not available to the general public, giving them a broader scope than someone conducting a check themselves.
What You Can Expect to See
So, what exactly do background checks reveal? Generally, you can expect to see several categories of information.
Convictions are almost always included. This covers both misdemeanor and felony convictions, providing a record of any past criminal activity.
Arrest records may or may not be included. The inclusion of arrest records depends on the jurisdiction and the type of check being conducted. While an arrest itself isn’t a conviction, it can provide insight into potential criminal behavior.
Dismissed charges can be included as well, though this is less common. Their inclusion relies on whether the background check provider has access to these records and the policies of the specific jurisdiction.
Furthermore, other relevant details could appear. This could encompass information like outstanding warrants or whether the person is on a sex offender registry.
Defining “Pending Charges”
Before we explore how pending charges figure into background checks, let’s clarify what that phrase actually means. Simply put, pending charges are criminal charges that have been filed against an individual, but have not yet been resolved by a court of law. This could mean several things.
A person might be awaiting trial, the formal process where both sides present evidence to a judge or jury. A plea agreement may be under negotiation, where a defendant might plead guilty to a lesser charge to avoid a trial. Or the charges may be awaiting dismissal, such as when there isn’t enough evidence.
Key Factors: What Determines Visibility
The visibility of these charges often hinges on several key factors.
Accessibility of public records is a huge one. The more accessible the court records and other public records, the more likely it is that those charges are visible during the check. Some jurisdictions have more open access than others, making information more or less accessible.
The specific type of background check matters. Some checks might delve deeper into court records, while others only look at criminal convictions. A comprehensive background check performed for a high-level job may be more in-depth than a quick tenant screening.
The seriousness of the pending charge can also play a role. More serious charges, such as felonies, are more likely to be visible than less serious misdemeanors.
Background check companies also wield influence. The access they have to various databases and their specific data-gathering practices can make all the difference. Some are more thorough than others.
Will They Show Up?
With those definitions and factors in place, we can return to the core question: will pending charges appear? The answer, in a nutshell, is often “it depends”.
The “It Depends” Game: Probability and Circumstances
In many instances, pending charges *could* appear on a background check. However, it is not a guarantee, and the likelihood of their appearance varies.
Increased chances appear when there’s accessibility to public records. If the background check company has access to those court records or other public records that display pending charges, then those charges can become visible.
A more detailed check will likely find pending charges. Those types of checks often search through court records and other databases, which can include information about pending cases.
The severity of the charge can matter as well. More serious charges, that is, felonies, are more likely to get attention than the less serious misdemeanors.
When is the chance lower?
Arrests that do not result in charges are far less likely to appear on any background check. If someone is arrested but charges are never filed, there may not be any official record to find.
Sealed or expunged records are also less likely to be seen. In many jurisdictions, records that have been sealed or expunged are no longer accessible. The specifics vary by jurisdiction, but they can be kept private.
Jurisdictional differences will affect visibility. Some jurisdictions are very transparent with their records, while others have more restrictions, impacting what a background check will reveal.
Finally, the company itself will have an impact. The specific provider and what databases they use can determine which types of information are accessible. Not all services are created equal.
Impact in Various Life Scenarios
Pending charges can have impacts in different contexts. Let’s look at some situations.
Employment Concerns
The presence of pending charges can significantly affect job applications, promotions, and overall career prospects. Employers may perceive pending charges as a sign of untrustworthiness or a potential risk.
Employers must also carefully consider the legal implications. Depending on the nature of the job and the charges, they must balance their concerns with the law, such as rules regarding hiring practices. The specific policies will depend on the jurisdiction, as will the “Ban the Box” laws.
Housing and Rental Applications
Pending charges can certainly affect tenant screening. Landlords are especially concerned about the risks. They want to select reliable tenants who will not cause problems. A landlord could reject an applicant if there are pending charges.
Loans and Credit Applications
Financial institutions can also be concerned with pending charges. They want to see whether an applicant is likely to pay them back on time, and pending charges could raise questions about this.
Finding Out: Self-Checks and Public Records
Fortunately, you’re not completely in the dark. There are steps you can take to see what might appear on your background check.
You can conduct your own background check. Many companies provide services, which can give you a sense of what others will see.
You can try to access public records. Each jurisdiction offers different access to court records, which are frequently available to the public. Contacting the clerk of the court may be required.
Accuracy, of course, is critical. If you find information that is inaccurate, then you should go through the proper procedures to correct the record.
What If Pending Charges Are Found?
What if you find pending charges? There are some things you can do.
First, seek legal advice. A qualified attorney can help you understand your rights and options. They can also provide important advice to help you navigate the legal process.
You also may want to prepare for disclosure. If you apply for a job or housing, you may need to address any pending charges. Provide context and other relevant details, as appropriate.
Be proactive, too. Do your best to resolve the charges. A favorable outcome will often influence any background check.
Frequently Asked Questions
Will pending charges *always* show up on a background check? No, it depends on several factors.
Can I get a job with pending charges? It’s possible, but the impact varies.
Can I hide pending charges? Usually, you cannot hide pending charges.
What are the differences between arrest records and criminal records? Arrest records reflect an arrest; a criminal record reflects a conviction.
What is the difference between a background check and a credit check? A background check looks into criminal history, etc.; a credit check assesses creditworthiness.
Conclusion
The question of whether pending charges will appear on a background check doesn’t have a simple, universal answer. The likelihood depends on the type of check, the jurisdiction, data availability, and the specific services used by background check companies. Understanding these nuances is key. The information we have provided should allow you to face these potential situations with more confidence and preparedness. Remember, being informed is the first step toward managing the impact of pending charges on your future.
Finally, it is important to be clear. This article provides general guidance and information only. It is not a substitute for legal advice. If you have specific legal questions or face legal issues, always consult with a qualified attorney.
