Do Pending Charges Show Up On A Background Check?

Imagine this: you’ve nailed the job interview, your potential employer loves your resume, and everything seems perfect. Or perhaps you’ve finally found the ideal apartment, submitted your application, and are awaiting approval.

But there’s one nagging concern—those pending charges from a recent incident. You’re wondering, “Will these pending charges show up on my background check and jeopardize my chances of employment or securing housing?”

This is a common concern many people face, especially if they’re involved in ongoing legal proceedings. Understanding exactly what a background check entails and what potential employers can see is essential. Let’s dive in and clear up any confusion.

Do Pending Charges Appear on Background Checks?

Yes, pending charges typically show up on background checks. However, it depends heavily on the type of background check conducted and the jurisdiction involved. Pending charges mean that formal accusations have been filed against you, but the court has yet to reach a verdict.

Types of Background Checks

Background checks aren’t all the same. Here’s what you should know:

1. Criminal Background Checks:

• Typically include arrests, charges, convictions, and pending charges.
• Commonly used by employers, especially for sensitive positions or roles involving trust and responsibility.

2. Employment Background Checks:

• Usually focus on criminal records, employment history, and education verification.
• Pending charges might appear, especially if relevant to the job.

3. FBI or State-Level Checks:

• Most comprehensive.
• Pending charges, even from different states, usually appear clearly on these checks.

Factors Influencing Whether Pending Charges Show Up

Several factors determine the visibility of pending charges:

• Jurisdiction: Some states have laws limiting the disclosure of pending charges or arrest records, especially if they haven’t yet led to a conviction.
• Severity of Charges: Serious charges (e.g., felonies) are more likely to be visible.
• Nature of the Job: Jobs requiring high security, financial responsibility, or child care typically conduct deeper checks.

How Employers View Pending Charges

Pending charges can understandably raise concerns for employers. While not equivalent to convictions, they can still influence hiring decisions. Employers generally consider:

• Relevance of the charge to the job role
• Company policies on hiring individuals with pending legal matters
• The overall context and seriousness of the charge

Common Background Check Providers

Employers frequently use reputable background check providers such as HireRight, Checkr, and Sterling. These companies are thorough, and pending charges typically appear clearly in their reports.

Arrest Records vs. Pending Charges

It’s important to distinguish between arrest records and pending charges:

• Arrest Records: May show up on checks, but often without context if no charges were filed.
• Pending Charges: Represent formal accusations awaiting resolution, typically clearly noted in background reports.

Expungement and Sealing of Records

Expungement or sealing of records might help remove certain charges or arrests from background checks. Eligibility and processes vary by jurisdiction, usually involving petitions to the court once charges are dismissed or a case is resolved.

Your Rights Regarding Pending Charges and Employment

Under the Fair Credit Reporting Act (FCRA), you have specific rights:

• Employers must notify you before conducting a background check.
• You have the right to dispute inaccuracies in the background report.
• Employers must inform you if information found (including pending charges) results in adverse hiring decisions.

How to Handle Pending Charges with a Potential Employer

If you have pending charges, honesty is the best policy. It’s advisable to proactively discuss your situation during the hiring process, clearly explaining the circumstances and steps you’re taking to resolve the matter.

Conclusion

Pending charges can show up on background checks, but transparency, understanding your rights, and proactive communication can help mitigate their impact. Always ensure you’re informed about what’s visible on your background check to confidently address any potential employer’s concerns.