Understanding an individual’s past and current standing within the criminal justice system is an important part of the hiring process. Evaluating a candidate’s suitability should and usually does include considering whether they could pose a risk to your business or its customers because of criminal behavior.
The Short Answer to Do Pending Charges Show Up in a Background Check in 2024 is YES for most Employment Checks and Investigations before hiring an Individual.
Most of the time, background screening services act as tools to discover whether an applicant has criminal convictions on their record. However, as one evaluate the results of conducting criminal background screening, you might find it may not always be so simple.
What are the pending charges?
Pending charges on criminal background checks can refer to two different but related things. In one case, it could refer to an arrest that may lead to formal criminal charges but has not yet. These situations occur when a prosecutor takes time to evaluate the facts of an arrest and the associated case to determine if there is a good reason to try to bring the case to trial.
If they decide to do so, they will formally charge the individual and begin further criminal proceedings. Someone whose record indicates a pending case could be awaiting trial — or they could have their charges dropped, resulting in neither a conviction nor a permanent criminal record.
“Pending” on a background check could also mean that someone is currently on trial or in the court system, but no final verdict has been rendered. This may also display on some reports as “awaiting final disposition,” which can occur near the end of a criminal trial when the court expects a verdict.
In either case, it is important to remember that the record is not a definitive conviction or absolute proof of a candidate’s guilt or culpability.
Why Do Pending Charges Show Up in a Background Check?
Yes. In most cases, pending charges will appear during employment background screening processes. One may see a “Pending” case status or “awaiting disposition.” Even though these statuses appear in the results, it is critical to remember that a pending status is not definitive proof that a person is guilty of a crime. Only a final determination can do that. A “pending” charge could still turn into a dismissed case, even very far into a prosecution.
Nonetheless, employers have the prerogative to consider this information during the hiring process and in the context of the job sought. Since a conviction is possible, it is fair game for reporting and evaluating. As with all background check questions, however, you should not use arrests or pending charges as an absolute barrier to employment. Dismissing applicants solely because of a pending charge is potentially discriminatory.
Factors that determine if pending charges will be included in a background check
When it comes to background checks, many people wonder if pending charges will appear in the report. The answer to this question depends on several factors that determine the inclusion of pending charges in a background check.
Jurisdiction Policies: Different jurisdictions have varying policies regarding the disclosure of pending charges. Some jurisdictions may include pending charges in their background check reports, while others may only include convictions. It’s essential to understand the specific policies of the jurisdiction where the background check is being conducted.
Type of Background Check: The type of background check being conducted also plays a role in whether pending charges will appear.
For example, a basic criminal background check may only include convictions, while a more comprehensive background check may include pending charges as well.
Employers or organizations conducting background checks can choose the level of detail they want to include.
Timeframe: Pending charges are often considered as part of the criminal record, but they may not be immediately available in a background check if they are still pending.
The timeframe for the background check matters, as pending charges, may not appear if they are recent and haven’t been processed or resolved yet.
Accuracy and Timeliness of Data: Background checks rely on accurate and up-to-date information from various sources. If the source providing the information doesn’t promptly update pending charges, they may not be included in the background check report.
It’s crucial to ensure that the data sources used for background checks are reliable and regularly updated.
Compliance with Laws: Background checks must comply with relevant laws and regulations, such as the Fair Credit Reporting Act (FCRA) in the United States. These laws govern the collection, reporting, and use of consumer information, including pending charges. Compliance requirements may vary depending on the purpose of the background check and the jurisdiction.
Also Read: How Long Do Misdemeanor Appear on Your Records?
FAQ’s
What is a pending background check?
“Pending background” generally refers to a period of waiting while an employer reviews and verifies the information provided by an applicant during a background check process.
What is background check process?
Background checks verify an applicant’s identity using their Social Security number and date of birth to conduct a search of court records, financial records, or public records databases. They may also involve manual contact with educational institutions, professional organizations, or previous employers.
Do pending charges show up on background checks in NC?
Unless the criminal records for an incident have been expunged, a NC background check will include pending criminal charges. You are not prohibited under North Carolina law from considering the pendency of criminal charges in making hiring decisions if you do not otherwise run afoul of the applicable EEOC restrictions.
Will pending charges show up on a background check in Alabama?
A typical pre-employment background check in Alabama will report the following information: Non-expunged felony or misdemeanor convictions. Pending criminal matters. Arrests resulting in convictions.
Do pending charges show up on background check in Ohio?
A criminal background investigation will be performed as part of the hiring process to verify that the selected applicant or employee does not have a pending charge, arrest or criminal record.