Will Pending Criminal Charges Show Up in a Background Check?
The short answer is: potentially, yes. Whether or not pending criminal 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 intricacies of background checks and how pending charges might be included.
What is Included in a Background Check?
A background check typically includes a review of several sources of information, including:
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Court Records: This is the most crucial source for criminal history information. Court records often include information on arrests, charges filed, and dispositions (outcomes) of cases. Pending charges, meaning charges that haven't yet gone to trial or been resolved, are usually included in these records.
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Criminal Databases: Various federal, state, and local databases maintain information about criminal activity. These databases are frequently used by background check companies. The information within these databases can also include pending charges.
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Other Public Records: Depending on the type of background check and the jurisdiction, other public records might be included.
Why Pending Charges Might Show Up
Pending charges are typically recorded in court systems and criminal databases before a conviction or dismissal. This means that even if you haven't been found guilty, the fact that charges are pending against you is generally considered public information and could be retrieved during a background check. This reflects the legal principle that someone is presumed innocent until proven guilty, but the existence of charges themselves is still a matter of public record.
Why Pending Charges Might Not Show Up
There are situations where pending charges might not show up on a background check:
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Timing: The background check might have been conducted before the charges were formally filed or entered into the relevant databases. There's a lag time between the arrest and the information being updated in the various databases.
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Jurisdictional Differences: Access to records can vary significantly depending on the state or local jurisdiction. Some jurisdictions might have stricter regulations about accessing or disseminating information on pending charges.
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Type of Background Check: The thoroughness of a background check varies. A more comprehensive check will usually uncover more information, including pending charges, while a less comprehensive check might miss them.
How Long Do Pending Charges Stay on a Background Check?
This is another complex question. If the charges are dismissed, they might eventually be removed from court records and databases, though this isn't guaranteed and varies by jurisdiction. If the charges result in a conviction, the conviction will remain on the record for a period determined by law and the specific nature of the crime.
What if My Case is Dismissed?
Even if your case is dismissed, the information might still remain in some databases for a period of time. This is often due to the lag in updating databases and the fact that some agencies retain records for longer periods for various reasons. You might be able to petition the court to have the records sealed or expunged, which would help prevent them from showing up in future background checks.
Will a Pending DUI Show Up?
Yes, a pending DUI (Driving Under the Influence) charge would likely appear in a background check, for the same reasons detailed above. DUI charges are generally serious and are thoroughly recorded in court systems and databases.
What Should I Do If Pending Charges Appear?
If pending charges appear on your background check, it is crucial to address the matter directly and honestly. Explain the situation during the background check process, presenting any relevant documentation that clarifies the status of your case. You should seek legal counsel to understand the implications of the charges and the potential impact on your future employment or opportunities.
This information is for general knowledge only and should not be considered legal advice. Always consult with a qualified legal professional for advice regarding your specific situation.
