Do Pending Charges Show Up On A Background Check?

Do Pending Charges Show Up On A Background Check? Usually, yes, but not always. Even when pending charges appear on a criminal background check, there are some limitations on how the information can be used against an applicant during an employment or rental background evaluation. Let’s get some more details to help you understand pending charges on background check reports, do pending court cases show up on background checks? What do pending charges mean, and how to review them?

Do Pending Charges Show Up On A Background Check?

Back to the question; Does a background check reveal pending charges? Whether pending charges show up on a background check depends on the type of background check, its scope, state law, and the type of charge. Type and scope of background checks

A background check may be limited to criminal convictions, or it may be a more in-depth investigation looking for recent arrests and pending charges. Unless the background check includes a comprehensive search of county courthouse records, pending criminal charges against the applicant may be dismissed.

For example, if the background check only searches county records for the applicant’s current address, pending charges for alleged criminal offenses reported in other counties will not be included. Background check providers use an applicant’s Social Security number to determine which jurisdictions to search. Depending on the service offered by the background check company, county courthouse records will be checked either through an automated or manual search.

An automated search will miss recent pending charges in county courthouses that are unable to provide real-time access to their records. A manual criminal record search involves direct contact with the county courthouse clerk and will reveal any pending charges on file. Pending charges and state law Some states do not allow criminal background check reports to include pending charges.

Some states allow the reporting of pending charge information on a criminal background check, but this information may not be the sole basis for an employer or landlord to reject an applicant. In other states, there are no restrictions on the reporting or use of pending charges information. unless the use is deemed discriminatory.

Types of pending charges. Depending on state law, criminal background checks may prohibit reporting of pending misdemeanor charges. In Arkansas, for example, a background check may only report pending felony charges. If this is the case in your state, you will only be able to find out if an applicant has pending felony charges.

What Is A Pending Charge?

The pending charges can refer to two different things.

No Formal Charges Have Been Filed

A pending charge can refer to an arrest that has not yet resulted in formal criminal charges. The case is pending for prosecutors to complete their review of existing evidence and decide what charges, if any, should be filed. A prosecutor can amend police charges or even decide there is no case to answer.

Possible reasons why an arrest has not yet resulted in formal criminal charges include:

• Insufficient evidence
• Potential Fourth Amendment Violations During Police Searches
• Inadmissible evidence
• Procedural errors during arrest or interrogation

Charges Filed But Outcome Awaiting Determination

A pending charge can also mean that a person has been formally charged, and the case is moving through the court system. The defendant may be awaiting trial or in the middle of a trial. Sometimes a background report records this type of pending charge as “awaiting final adjudication.” In both cases, the subject of the background check has not been found guilty of a crime and must be presumed innocent until proven guilty.

How Long Does It Take For A Pending Charge To Show Up On A Background Check?

When a background check is run on an individual, the system notifies the data it has access to. If the county courthouse holding the charge records has an integrated digital records system, pending charges will be online and immediately available to background check companies.

In other jurisdictions, which update records manually, state records repositories used by background check companies can take anywhere from a few days to a few months to report pending charges. Is. A background check provider that offers manual county records searches will provide up-to-date information.

Pending Criminal Charges And Employment Screening

How should an employer use background information on pending charges? Whether you are conducting a background check on a new applicant for employment, or re-screening a candidate for promotion, you should treat pending charges with care and use the information only as permitted by law. should do.

Keep in mind that a pending charge is not a guilty verdict. Law enforcement officers occasionally make mistakes. Review the accuracy of information. Background checks may report incorrect or outdated information. Look into the nature of the pending charges and determine whether the conduct under the alleged offense is relevant to the required position and duties.

If not carefully vetted, denying applicants employment based on pending charges may constitute discrimination under the “Disparate Impact” statute contained in Title VII of the Civil Rights Act. According to enforcement guidance on considering arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964, the Equal Employment Opportunity Commission (EEOC) advises that “an individual’s criminal record should be considered in making employment decisions.” The use of history, in some cases, violates the prohibition against discrimination in employment”.

These guidelines are designed to prevent employment discrimination against minorities. For more information, consult the EEOC guidance. In addition to Civil Rights Act legislation, state law may prohibit the use of arrest and pending charges information when making an employment decision. Some businesses avoid the possibility of employment discrimination by withholding an application until pending charges are resolved.

Employers may have a legal duty to withhold an application if a background check reveals that a candidate has pending charges. For example, a bank may not hire a candidate with pending money laundering charges.

How Can Landlords Use Pending Charges Background Check Information?

Background information on pending charges can help you build a broader picture of a rental applicant, but having a pending charge alone is not grounds for rejecting an applicant.

How do pending charges affect a rental application?

A major concern for landlords is their tenants’ ability to pay rent. If a prospective tenant has pending charges and is found guilty, he or she could face a custodial sentence and be unable to pay rent for the remainder of their tenancy. Another factor that landlords need to consider is the safety of their other tenants and the risks to the rental property itself.

If the charges pending on the report relate to a violent crime, drug dealing, fraud, or property damage, this may raise a legitimate concern about the applicant’s suitability. On the other hand, if the pending charges are reported for unrelated crimes, rejecting the applicant based on their alleged conduct may be viewed as arbitrary discrimination.

Landlords should have a comprehensive tenancy policy detailing their acceptance criteria. This policy must be applied consistently to all applicant background checks. To ensure that you are complying with applicable fair housing laws in your state, an attorney specializing in tenancy agreements should draft your rental application policy.

Penalties For Incorrect Use Of Pending Charges Background Check Information

When you take an adverse action against an individual based on information in their background check report, the applicant has the right to challenge your decision if they feel it violates their rights. A violation has occurred. In some states, the inappropriate use of criminal background check information is a criminal offense. In other states, rejected candidates with evidence of discrimination can sue for monetary damages.

Other options for redress include filing a complaint with the Equal Employment Opportunity Commission and the Federal Trade Commission. Employers and landlords should ensure that their screening policies and use of background check reports comply with all applicable state and federal laws.

Summary

Do pending charges show up on background checks? Generally, pending charges will show up on a background check unless the charges are too recent for an automated background search. A background check that includes a manual search of county courthouse records will reveal that pending charges have not yet been reported to the state records repository.

Pending charges on a background check do not tell you whether an individual is guilty of a crime and care should be taken to use pending charges information lawfully. It is wise to seek legal advice to ensure that your employment or rental screening policy is fair and non-discriminatory.