Can Background Checks See Pending Charges?
The short answer is: sometimes. Whether a background check reveals pending charges depends on several factors, making it a complex issue with no simple yes or no answer. This article will delve into the specifics, addressing common questions and concerns.
What Information Do Background Checks Typically Include?
Background checks typically compile information from various sources, including:
- Criminal records: This encompasses convictions, pleas, and dismissals of charges. The depth of this information depends on the type of background check and the jurisdiction.
- Civil records: These include bankruptcies, lawsuits, and judgments.
- Employment history: Verifying previous employment and sometimes salary information.
- Education history: Confirming educational credentials.
- Credit history: A report detailing an individual's creditworthiness (often a separate check).
Importantly, the information included is generally limited to publicly available records or those accessible through specific databases utilized by the background check company.
So, About Those Pending Charges...
Pending charges are a bit trickier. They are not yet convictions, and thus, their visibility varies significantly.
Factors Affecting Visibility of Pending Charges:
- Type of Background Check: A basic background check might not uncover pending charges, while more comprehensive checks might have access to wider databases that include pre-conviction information.
- Jurisdiction: Data accessibility varies greatly between states and counties. Some jurisdictions might have more readily available online databases than others.
- Database Access: The specific databases used by the background check company play a crucial role. Not all databases include pending charges.
- Time Sensitivity: The recency of the charges can affect their appearance. Very recent charges might not yet be recorded in all databases.
- Sealing or Expungement: If charges are sealed or expunged, they will likely not show up on background checks.
How Can I Find Out if a Pending Charge Will Appear?
There's no guaranteed way to know definitively whether a specific pending charge will appear on a background check without actually conducting one. However, understanding the factors above can offer insight.
What About Expunged or Sealed Records?
Expungement and sealing are legal processes that remove or restrict access to criminal records. Once a record is expunged or sealed, it will typically not appear on a background check, even if a conviction occurred.
Are There Different Types of Background Checks?
Yes, absolutely! The depth and scope vary greatly. Some common types include:
- Basic Background Checks: Usually limited to name, address verification, and a limited criminal record search.
- County Criminal Background Checks: More thorough searches within a specific county.
- Statewide Criminal Background Checks: Expanding the search to an entire state.
- National Criminal Background Checks: Broader searches, but not always comprehensive, as data accessibility varies across jurisdictions.
What Should I Do If I Have a Pending Charge?
If you have a pending charge and are concerned about its impact on employment or other opportunities that involve background checks, consult with an attorney. They can advise you on the legal implications and potential outcomes of your case.
In Conclusion: It's Complicated
Whether a background check reveals pending charges is situational and dependent on numerous interconnected factors. While it's not always guaranteed, it's entirely possible for them to appear, especially with more comprehensive checks. Transparency is key; if you are asked to submit to a background check, it is prudent to be aware of any potential issues this might reveal. Seeking legal counsel is advisable if you have concerns about pending charges affecting your future opportunities.
