Will Pending Charges Show Up On A Background Check?: What You Must Know

You have pending charges and wondering if they will show up on a background check. Well generally yes, pending charges will show up on a background check.

But the answer is not a simple yes or no, it depends on many things. To fully understand the answer we need to get into background checks and how they work. This post will get you the full scoop on background checks and pending charges.

What Is A Pending Charge?
What is a Background Check?
What Does a Background Check Show?
Why Background Checks?
Pending Charges and Background Checks
What are Pending Charges in Background Checks
Do Background Checks Show Pending Charges?
Pending Charge Disposition
Conclusion

What Is A Pending Charge?

A criminal charge is a formal accusation made by a law enforcement agency or prosecutor that an individual has committed a crime. When an individual is arrested for a crime, their case goes through a review process by the prosecutor and is then classified as “pending” or “awaiting disposition”.

"Pending criminal charge" means the charges are still being evaluated and a final decision on prosecution has not been made. Pending charges can be due to lack of evidence, procedural errors or deliberation on what charges to file.

During this phase the individual charged still has the presumption of innocence, which is a fundamental principle of the legal system that states an individual is innocent until proven guilty through a fair trial. This period can involve various legal actions including hearings, negotiations and preparations for trial where both the defense and prosecution present their arguments and evidence.

What is a Background Check?

A background check is an investigation into a person’s past to verify their identity, education, employment history, criminal records, credit history, and other relevant information. It’s usually done by employers during the hiring process to make sure they are making an informed decision about a potential employee.

Criminal background checks are one of the most important parts of a background check as it will show any past criminal activity or pending charges that may affect an individual’s suitability for a job or other opportunities.

What Does a Background Check Show?

What a background check will show depends on what the individual or organization is looking for. However, a standard background check will show:

Identity verification: This includes verifying an individual’s social security number and address to make sure they are who they claim to be.
Employment history: A background check can verify past employment, job titles, dates of employment and reasons for leaving previous jobs.
Educational background: Employers may want to confirm an applicant’s educational qualifications and degrees obtained.
Criminal record: Depending on the type of background check being done, criminal records at the local, state and national level may be shown.
Credit history: Some employers may also do credit checks to assess an individual’s financial responsibility and trustworthiness.
Motor vehicle record: This may be relevant for job positions that require driving such as delivery drivers or commercial truck drivers.

Why Background Checks?

Background checks serve multiple purposes and can benefit both individuals and organizations in many ways:

Safety and security: A background check can reveal any criminal history or potential red flags that can put the individual or organization at risk.
Fraud prevention: Verifying an individual’s identity through a background check can prevent identity theft and fraud.
Informed decision making: Background checks provide valuable information for employers to make informed decisions about potential employees such as their work history, education and criminal background.
Positive reputation: By doing thorough background checks organizations can show they are committed to safety and integrity which can enhance their reputation and trustworthiness.
Legal compliance: Some industries or job positions may require specific background checks such as healthcare or finance. Complying can avoid legal issues and penalties.
Liability protection: In some cases organizations can be held liable for their employees’ actions. A background check can help mitigate this risk by identifying potential red flags that can make an employee unfit for a certain job.

Pending Charges and Background Checks

An employer or landlord does a background check to gather information about an individual’s past including criminal history, employment and education verification, credit history and more. These checks are done to assess the character and credibility of an individual before making any hiring or rental decisions.

When a background check is done, pending charges may show up in the results (criminal background check). This can be a concern for the individual being screened as well as the one requesting the check.

Also read: Do Arrests Show Up on Background Checks?

What are Pending Charges in Background Checks

In the employment background screening process, a pending criminal charge can be a major factor in determining a candidate’s suitability for a job. Despite the complexities and uncertainties of pending charges, they are a part that employers must tread carefully.

Pre-employment background checks are done in good faith to protect the company from potential harm. A pending charge can be any accusation of misconduct that is yet to be resolved by a court or legal entity. It could include charges for theft, drug possession, assault, etc.

Do Background Checks Show Pending Charges?

While pending charges are not proof of guilt, they do show up on employment background checks. However, the visibility of pending charges can vary depending on the state’s laws and the severity of the offense. Each state has its laws on reporting pending charges in background checks adding another layer of complexity to the process.

For example, Texas has restrictions on considering arrest records by employers based on the salary of the job position. For jobs that pay less than $75,000, employers cannot consider any pending charge that did not result in a conviction or is still under investigation. For jobs that pay more than $75,000, there are no such restrictions and all pending charges can be considered during the hiring process. Employers may have different guidelines on pending charges in the hiring process so it’s important to approach background check results with a fine tooth comb.

Employers have to decide whether to take adverse action on pending charges. Be careful pending charges don’t mean criminal conviction. Employers must do thorough research and understand the context of the charges before making hiring decisions.

Adverse action on pending charges should follow legal guidelines and consider factors such as the nature of the offense, the candidate’s case status and any potential risks associated with the pending charges. Employers may choose to pause the hiring process for candidates with pending charges until a final disposition is made to comply with the laws and regulations.

Pending Charge Disposition

The timeline for pending charges to be resolved can take months or even years depending on the jurisdiction and complexity of the case. County courts are a key player in processing pending charges so county criminal history checks are a great resource for updated information. Employers can use this data to decide what to do with candidates with pending charges.

Understanding pending charges in background checks gives employers the power to make informed hiring decisions while being legal. By understanding how pending charges show up in background checks employers can simplify their hiring process and be compliant.

As the world of employment background screening evolves, staying current on pending charges is key to building a trustworthy workforce. By being transparent, thorough and compliant employers can use background check data to make smart and moral hiring decisions.

In summary, pending charges in background checks show how complex it is to evaluate a candidate’s criminal history and the need for a balanced approach to hiring. By being diligent and compliant employers can be fair, transparent, and legal.

Conclusion

Pending criminal charges can complicate the hiring process but don’t necessarily disqualify a candidate. Pending charges in background checks are common and employers need to know how they impact the hiring process. By knowing the laws and regulations surrounding pending charges employers can make informed decisions and avoid legal risks. Employers also need to stay current on the status of pending charges and use this information to decide what to do with candidates with pending charges. By being transparent, thorough, and compliant employers can build a trustworthy workforce and follow protocol on pending charges in background checks.

An experienced criminal defense attorney can assist you with any alleged crime you have been arrested or charged with and can help you navigate through the hiring process if you have pending charges. It is important to seek legal advice and understand your rights during this time. Contact u s at the Law Office of Rolando Cantu for a consultation to discuss your pending charges and how we can assist you, from federal law to state law.