Understanding Pending Charges and Background Checks

In today’s world, background checks have become an essential part of hiring, leasing, and even personal investigations. Whether you’re applying for a job, renting a home, or undergoing a security clearance process, it’s important to understand the intricacies of background checks and how pending charges may affect your record. If you’ve ever wondered, “Do pending charges show up on a background check?”—this article will provide a thorough and comprehensive understanding of what pending charges are, how they interact with background checks, and the factors that influence their visibility.

What Are Pending Charges?

“Pending charges” refers to criminal charges that have been formally filed against an individual but have not yet been resolved through the legal process. These charges can occur at various stages in the criminal justice system, from the moment of arrest to the trial, and may include misdemeanor or felony charges. The key characteristic of pending charges is that they are unresolved, meaning that the accused individual has not yet been convicted, acquitted, or had the charges dismissed.

It’s important to distinguish between pending charges and convictions. A conviction occurs when a person is found guilty of a crime in court and sentenced accordingly. In contrast, pending charges simply mean that the case is still in progress, and no formal judgment has been made. Pending charges may be a result of:

1. Arrest and Charges: When an individual is arrested and formally charged with a crime, the charges are considered “pending” until the case is resolved in court.
2. Pretrial: If the individual is awaiting trial, the charges are still pending. This can also apply to someone on bail, probation, or awaiting an upcoming court hearing.
3. Investigation: In some cases, charges can remain pending if the police are still investigating the situation and have not yet filed formal charges.

Pending charges may include a wide range of crimes, from minor offenses to serious felonies, and they are important because they reflect unresolved legal matters that could eventually result in a conviction, dismissal, or other legal outcomes.

Types of Background Checks

Background checks come in different forms, each designed to serve specific purposes. Understanding the type of background check being conducted can help clarify whether pending charges will be included in the report. Here are the main types of background checks:

1. Criminal Background Checks

This is the most common type of background check used by employers, landlords, and other institutions. A criminal background check typically includes an individual’s criminal history, including arrests, convictions, pending charges, and sometimes active warrants. Criminal background checks are usually conducted by accessing national, state, or local databases that store public criminal records.

• Arrest records: These include any criminal charges that led to an arrest but may not necessarily include convictions.
• Convictions: If an individual has been convicted of a crime, this will appear in a criminal background check.
• Pending charges: In some cases, pending charges may also show up, particularly if the check includes the most up-to-date information about an individual’s criminal case.

2. Employment Screening

Employers often conduct background checks on job candidates to ensure they have a clean record. Employment background checks may include criminal history, employment history, and educational qualifications. Employers may choose to include pending charges in their reports if they consider them relevant to the job in question.

Pending charges could impact hiring decisions, especially if they involve serious allegations or crimes that might affect the safety and trustworthiness of an employee in certain positions.

3. Tenant Screening

Landlords and property managers often conduct background checks on potential tenants. Tenant screenings generally include criminal background checks, credit reports, rental history, and eviction records. Pending criminal charges may be included in tenant screenings, especially if the charges are serious or could present a risk to the safety of the property or other tenants.

4. Credit Checks

A credit check primarily evaluates an individual’s credit history, including debt obligations, repayment history, and credit score. While credit checks do not typically include criminal history, some employers may request a credit report in conjunction with a criminal background check to assess the financial responsibility of a potential employee. In this case, pending charges wouldn’t be included in the credit report, but the results of a criminal background check might still reflect any pending criminal cases.

5. Professional Licensing Checks

In fields like law, medicine, and finance, professionals are often required to pass background checks to obtain or renew a license. These checks may include a review of criminal history, pending charges, or any disciplinary actions. A pending charge could impact the licensure process depending on the severity and relevance of the charge to the profession.

Do Pending Charges Show Up on a Background Check?

The key question people ask when dealing with pending charges is: “Do pending charges show up on a background check?” The answer is not always straightforward. Whether or not pending charges appear in a background check depends on various factors, including the type of background check being conducted, the jurisdiction, and the policies of the agency performing the check.

1. Criminal Background Checks

In a typical criminal background check, pending charges may appear, but they are not always included. The inclusion of pending charges depends on the type of information the check is designed to uncover. Some criminal checks focus solely on convictions and arrest records, while others are more comprehensive and include any active legal proceedings, such as pending charges.

In most cases, pending charges are included in background checks because they provide an up-to-date picture of an individual’s legal standing. However, the visibility of pending charges also depends on whether the jurisdiction’s legal system or background check database makes this information available to the reporting agency.

2. Employer and Industry-Specific Background Checks

The likelihood of pending charges appearing on an employment background check or tenant screening largely depends on the employer’s policies and the nature of the job or rental. Some employers or organizations may include pending charges as part of their screening process, while others may focus only on convictions or recent criminal history. For jobs involving a high level of security or trust (e.g., positions in government, finance, or healthcare), pending charges may be closely scrutinized.

3. Jurisdiction and Reporting Policies

The jurisdiction in which the charges are pending can also impact whether or not they appear in a background check. Some states or local jurisdictions may have more stringent regulations on reporting pending charges, while others may not include this information in background checks at all. Local laws or privacy rules may prevent the disclosure of pending charges, especially if they involve certain types of minor offenses.

4. Use of Third-Party Background Check Services

The third-party services that conduct background checks can also influence whether pending charges appear in the report. Some background check providers specialize in gathering information from court records, police reports, and legal databases. These services may be more likely to include pending charges, while others may focus only on convictions or historical criminal records.

It’s important to note that not all background check companies access the most up-to-date legal records. Some databases may only provide information about completed cases, such as arrests and convictions, and may not include ongoing legal proceedings like pending charges.

Factors That Affect Pending Charges Visibility

Several factors can affect whether pending charges appear on a background check:

1. Jurisdiction: Local, state, and federal laws determine what information is accessible through background checks. Some jurisdictions may seal or restrict access to records related to pending charges, especially for minor offenses.
2. Type of Background Check: Employers or agencies may request different types of background checks, and the comprehensiveness of the check influences whether pending charges are visible.
3. Reporting Service: The database or service used to conduct the background check may or may not include pending charges based on the types of records they have access to.

How Pending Charges Impact Employment and Legal Implications

Pending charges can create significant hurdles for individuals, especially when it comes to employment opportunities. Employers use background checks to assess candidates’ trustworthiness and suitability for positions, and pending charges can directly influence hiring decisions. In this section, we’ll discuss how pending charges impact employment, the legal consequences of having them, and how pending charges are handled in different industries. We’ll also highlight steps individuals can take if pending charges appear on their background check and discuss how companies like RapidHireSolutions can help navigate this complex issue.

How Employers Use Background Checks for Hiring Decisions

Employers increasingly rely on background checks to make informed hiring decisions. A comprehensive background check helps employers assess the suitability of candidates, ensuring they hire individuals who meet the organization’s standards for integrity, reliability, and compliance.

When it comes to criminal history, employers often look at a variety of factors, including arrests, convictions, and pending charges. Pending charges are a gray area for many employers, as they are unresolved legal matters that could result in a conviction or dismissal. However, even though the individual hasn’t been convicted, employers might take pending charges into account depending on the nature of the charge and the position in question.

The Role of Pending Charges in the Hiring Process

Pending charges may impact the hiring process in different ways:

• Job Denial: Some employers may opt to deny a job offer or reject a candidate outright if they have pending charges, especially if the charges involve a crime that is directly relevant to the job or position. For instance, a person with pending charges for fraud or embezzlement might not be hired for a position in finance.
• Job Offer Rescinded: If an employer offers a job but discovers later that the candidate has pending charges, the offer may be rescinded. This is particularly true if the charges involve serious offenses or would interfere with the candidate’s ability to perform the duties of the role.
• Delays in Employment: In some cases, employers may put the hiring process on hold until the pending charges are resolved. They may be hesitant to hire someone whose legal status is uncertain, especially if it poses a risk to the organization or violates company policies.

However, employers cannot make decisions based solely on pending charges unless they are directly relevant to the position. For example, if the charges are unrelated to the job or are minor offenses, the employer may choose to overlook them. The Equal Employment Opportunity Commission (EEOC) and Fair Credit Reporting Act (FCRA) protect candidates from discrimination based on race, gender, or criminal history. Employers must use background checks responsibly and ensure that pending charges don’t lead to discriminatory practices.

The Legal Impact of Pending Charges on Employment

Having pending charges can complicate an individual’s professional prospects. While it is crucial to remember that pending charges do not equate to a conviction, they still carry legal and social implications that could affect employment opportunities.

Can Employers Legally Consider Pending Charges in Hiring Decisions?

Yes, employers can consider pending charges during the hiring process. However, they must do so in accordance with the Fair Credit Reporting Act (FCRA) and EEOC guidelines. These regulations govern the use of background checks for employment purposes to ensure that employers do not engage in unfair or discriminatory practices.

In particular:

• FCRA Compliance: Employers must obtain written consent from candidates before conducting a background check. If the background check uncovers pending charges, the employer must follow the correct procedure before taking any adverse action (e.g., rescinding the job offer). This includes notifying the candidate and giving them a chance to dispute any inaccuracies.
• EEOC Guidelines: The EEOC advises employers to consider the nature of the offense, its relation to the job, and the candidate’s qualifications. Employers must avoid blanket policies that automatically disqualify applicants based on pending charges or criminal records.

Can Pending Charges Be Removed from a Background Check?

If pending charges are included in a background check, you might wonder if they can be removed or expunged. The answer depends on the outcome of the charges and the legal procedures available.

Expungement of Pending Charges

In most cases, pending charges can’t be removed from a background check until the legal process has been completed. However, if the charges are dropped, dismissed, or resolved in the individual’s favor (e.g., through an acquittal), the record may be cleared. This process is known as expungement, and it varies from state to state. In some cases, individuals can apply for expungement after a certain period has passed or after meeting specific conditions.

Once charges are expunged or dismissed, they will no longer appear on a background check. However, it’s important to understand that expungement doesn’t apply to every charge. For example, certain serious charges or felonies might not be eligible for expungement in some jurisdictions.

How Pending Charges Are Handled Once Resolved

Once a case involving pending charges is resolved, the outcome will determine whether the charges remain on an individual’s record. If the charges result in a conviction, they will likely remain on the record, potentially affecting future employment opportunities. However, if the charges are dismissed, the individual may be able to clear their record.

For individuals with pending charges, it’s vital to resolve the matter as quickly as possible, either through legal defense, settlement, or negotiation. If the case is dismissed or resolved in their favor, they can take steps to remove the record from background checks and improve their chances of securing employment.

What Should You Do if You Have Pending Charges on Your Background Check?

If pending charges appear on your background check, you may feel uncertain about your next steps. Here’s what you can do:

1. Consult with an Attorney: It’s important to work with an attorney who can provide legal advice and guide you through the process of defending yourself against the charges. An experienced criminal defense lawyer can help you understand your options and represent you in court.
2. Dispute Inaccurate Information: If you believe that the pending charges are incorrectly listed on your background check, you can dispute the information with the background check company. The FCRA gives individuals the right to dispute incorrect or incomplete information on their background checks.
3. Explain the Situation: If you are applying for a job or housing and your background check reveals pending charges, consider being proactive and explaining the situation. Honesty and transparency can go a long way in mitigating any concerns the employer or landlord may have.
4. Take Action to Resolve the Charges: Work on resolving the pending charges as soon as possible. Attend all court hearings, comply with legal requirements, and try to reach a resolution that will clear your name.
5. Seek Expungement: If the charges are dismissed or resolved in your favor, explore the possibility of expunging the record. Expungement can help you remove any lingering evidence of the charges from your record, which may be beneficial for future background checks.

How Pending Charges Impact Industries

Pending charges may be treated differently across various industries. Some industries are more stringent in their hiring processes, particularly when it comes to jobs that require high levels of trust, security, or responsibility.

1. Healthcare: Healthcare employers, particularly those in patient care and medical roles, may be very cautious about hiring individuals with pending charges, especially if the charges are related to substance abuse, fraud, or violence.
2. Finance: The finance and banking industries are highly regulated, and pending charges related to fraud or theft could raise red flags. Financial institutions may be hesitant to hire individuals with unresolved criminal matters.
3. Transportation: In industries that require transportation (e.g., truck driving, aviation), pending charges for offenses like DUI or reckless driving may impact a candidate’s ability to secure employment.
4. Government: For government positions, particularly those involving security clearances, pending charges may delay or prevent the hiring process. Security clearance jobs often require a thorough background check, and pending charges may lead to disqualification.

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Mention of RapidHireSolutions

For individuals and businesses navigating the complexities of background checks, services like RapidHireSolutions can provide comprehensive assistance. RapidHireSolutions offers detailed background checks, criminal history reports, and employment screening services to ensure businesses and organizations maintain compliance with local, state, and federal regulations. Whether you’re an employer looking to vet potential candidates or an individual seeking clarity about your background check, RapidHireSolutions provides accurate, reliable, and up-to-date information to help you make informed decisions.

Type of Pending Charge	Healthcare	Finance	Transportation	Government (Security Clearances)	General Employment
Fraud	High Risk	High Risk	Low Risk	High Risk	Moderate Risk
Assault (Violent Crimes)	High Risk	Moderate Risk	Low Risk	High Risk	High Risk
Drug Offenses	Moderate Risk	Low Risk	High Risk	Moderate Risk	Moderate Risk
Theft/Shoplifting	Moderate Risk	High Risk	Low Risk	High Risk	Moderate Risk
Driving Under the Influence (DUI)	Low Risk	Low Risk	High Risk	Low Risk	Low Risk
Sex Offenses	High Risk	High Risk	Low Risk	High Risk	High Risk
Domestic Violence	High Risk	Moderate Risk	Low Risk	High Risk	High Risk
Public Disorder/Disorderly Conduct	Low Risk	Low Risk	Low Risk	Low Risk	Low Risk

Key Insights:

• High Risk industries are highly sensitive to pending charges related to fraud, violent crimes, theft, and sex offenses.
• Low Risk industries (like transportation or general employment) may not see significant delays or denials due to minor offenses like DUI or public disorder charges.
• Government positions, especially those requiring security clearance, are extremely cautious about pending charges that involve serious criminal activity or violence.

Legal Aspects, FAQs, and Conclusion

In this section, we will explore the legal aspects surrounding pending charges on background checks, address frequently asked questions (FAQs), and offer a comprehensive conclusion. Understanding the legal framework is essential for both employers and job seekers to navigate background checks responsibly and effectively.

Legal Aspects Surrounding Pending Charges on Background Checks

The legal landscape surrounding pending charges on background checks is shaped by several federal and state regulations. These laws are designed to protect individuals’ rights while ensuring employers can make informed decisions. Below, we delve into some of the key legal aspects that govern how pending charges should be handled during the background check process.

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) plays a crucial role in governing background checks. The FCRA regulates the use of consumer information by credit bureaus, employers, and other entities. One of the primary goals of the FCRA is to ensure that background checks are accurate and fair.

Regarding pending charges, the FCRA stipulates that if an employer uses a background check to make a hiring decision, they must:

• Obtain written consent from the candidate before conducting the check.
• Provide the candidate with the information from the background check if the employer intends to take adverse action based on it.
• Give the candidate an opportunity to dispute incorrect or incomplete information.

For employers, the FCRA mandates that they not use pending charges to discriminate unfairly or inaccurately. They should only consider pending charges when relevant to the position in question and must ensure that their decision-making process is compliant with the law.

Equal Employment Opportunity Commission (EEOC) Guidelines

The EEOC enforces federal laws prohibiting employment discrimination. One of the EEOC’s guidelines is that employers should not automatically disqualify applicants based on criminal history or pending charges. Employers must make individualized assessments, considering factors like the nature of the charge, the time passed since the incident, and its relevance to the position being applied for.

For example, if an applicant has a pending charge for theft but is applying for a job that does not require financial responsibility, the employer may be more inclined to overlook the pending charge. However, for jobs involving security, finance, or customer interaction, the employer might have more stringent requirements.

State Laws

In addition to federal regulations, state laws also play a significant role in how pending charges are handled on background checks. Many states have their own rules regarding criminal background checks and employment discrimination.

For instance, some states limit how far back employers can look into criminal history, while others allow only certain types of charges to be considered when making hiring decisions. Moreover, certain states allow for expungement or sealing of records, making it easier for individuals to clear their names after pending charges have been resolved.

Ban the Box Laws

In response to concerns about discrimination based on criminal history, many states and municipalities have passed Ban the Box laws. These laws prohibit employers from asking about an applicant’s criminal history on the initial job application. Instead, employers must wait until later in the hiring process (typically after a conditional job offer is made) to inquire about criminal background.

This law aims to give individuals with pending charges or criminal convictions a fairer chance at securing employment without being automatically disqualified based on their record.

Frequently Asked Questions (FAQs)

To further clarify the issue of pending charges and background checks, we’ve compiled answers to some of the most frequently asked questions.

Do pending charges appear on background checks?

Pending charges can appear on background checks, depending on the type of check and the jurisdiction. Criminal background checks often include any active cases, including pending charges. However, not all background checks (e.g., employment checks) will include pending charges unless they are directly relevant to the position.

Can employers see pending charges?

Yes, employers may be able to see pending charges if they request a comprehensive criminal background check. The inclusion of pending charges depends on the background check service used and local laws. Employers must comply with the FCRA when considering pending charges.

How long do pending charges stay on my record?

Pending charges stay on your record until the legal case is resolved. If the charges are dismissed or dropped, they may be removed from your criminal record. However, if you are convicted, the charges will likely remain on your record permanently unless you take steps to expunge or seal them.

Will pending charges affect my chances of getting a job?

Pending charges can affect your job prospects, depending on the employer’s policies and the nature of the charges. Employers in industries like healthcare, finance, and government may be particularly cautious when hiring individuals with pending charges, especially if the charges are serious or relevant to the position.

What should I do if I have pending charges on my background check?

If pending charges appear on your background check, you should:

• Seek legal advice from a criminal defense attorney.
• Dispute any inaccuracies on the background check.
• Consider explaining the situation to potential employers if it’s relevant to the job.
• Take steps to resolve the charges through the legal process.

Can pending charges be removed from my background check?

Pending charges cannot be removed until they are resolved in court. If the charges are dropped or dismissed, you may be able to have the record cleared or expunged. If the charges result in a conviction, the record may remain unless you are eligible for expungement.

Conclusion

Understanding the impact of pending charges on background checks is essential for both job seekers and employers. Pending charges can have serious consequences on employment opportunities, but they don’t automatically mean disqualification from a job. Legal protections such as the FCRA and EEOC guidelines ensure that employers make fair decisions based on relevant information, not on biases or discriminatory practices.

For individuals facing pending charges, it’s important to consult legal experts and take proactive steps to resolve the charges as quickly as possible. Expungement or sealing of records can provide a fresh start after a legal case is resolved.

Employers should conduct thorough background checks while ensuring compliance with relevant regulations and avoiding discriminatory practices. Using reputable services like RapidHireSolutions can help employers ensure they are conducting legally sound and thorough background checks.

Overall, understanding how pending charges are handled legally and how they can affect employment opportunities is crucial for both job seekers and employers. By being informed, individuals can better manage their legal situation, and employers can make fair and legal hiring decisions.