The question of whether pending criminal charges appear on background checks is complex and depends on several factors. The short answer is: sometimes, but not always. The specifics hinge on the type of background check, the jurisdiction, and the stage of the legal proceedings.
What Types of Background Checks Exist?
Several types of background checks exist, each with varying scopes and depths:
- Basic Background Checks: These typically include name, date of birth, address history, and may reveal some basic criminal history information, such as convictions. Pending charges are less likely to appear here.
- County Criminal Background Checks: These checks focus on a specific county's criminal records. The presence of pending charges depends heavily on how quickly the county updates its database. Some counties update their systems regularly, while others may lag behind.
- State Criminal Background Checks: Broader than county checks, these search state-level criminal records. The inclusion of pending charges is again variable and depends on the state's reporting practices.
- National Criminal Background Checks: These searches utilize databases like those maintained by the FBI. While they typically contain a wider range of information than state or county checks, pending charges are not universally included. They generally focus on convictions and possibly arrests.
- Federal Background Checks: These are the most comprehensive and are used for specific employment, security clearances, and licensing purposes. They often uncover a wider array of information than other checks, but still might not include pending charges.
How Quickly Are Pending Charges Recorded?
The speed at which pending charges appear on a background check varies dramatically. Some jurisdictions update their databases daily, while others might only update them weekly or even monthly. The timing also depends on when the charges are formally filed with the court.
Will an Arrest Show Up Before Charges are Filed?
An arrest is different from a formal charge. While an arrest might be documented in some databases, it's not the same as a formal criminal charge. Arrests don't automatically result in convictions. A background check may reveal an arrest, but it should specify that it's an arrest and not a conviction.
Does a Background Check Show Dismissed Charges?
Generally, dismissed charges will eventually disappear from background checks, but there's no guaranteed timeframe. The records may remain for a period depending on the jurisdiction's rules and record-keeping practices. It's also important to note that even a dismissed charge could be relevant depending on the context of the background check.
What Information Do Employers Typically Look For?
Employers typically focus on convictions rather than pending charges. However, depending on the position and company policies, they may consider pending charges when making hiring decisions. Honesty and transparency on applications is usually the best course of action.
Can I Dispute Inaccurate Information on a Background Check?
If you believe there is inaccurate information on a background check, you generally have the right to dispute it. Contact the company that conducted the background check and follow their dispute resolution process. This is critical, as inaccurate information can severely impact your opportunities.
In summary, the appearance of pending criminal charges on a background check is inconsistent and depends on many factors. While not always included, it’s important to be aware that the possibility exists and to be transparent in situations where a background check is required. If you have concerns about a pending charge affecting your background check, it is always best to seek legal advice.
