A pending charge on a background check can be a source of significant anxiety. It represents a legal process that hasn't concluded, leaving a question mark hanging over your application for employment, housing, or other opportunities. This comprehensive guide will explain what pending charges mean, how they're handled, and what you can do to navigate this situation.
What Does a Pending Charge Mean on a Background Check?
A pending charge indicates that you've been formally accused of a crime, but the legal proceedings are still ongoing. This means the case hasn't gone to trial, a plea hasn't been entered, and a verdict hasn't been reached. The charge remains "pending" until the court process is complete. This could involve investigations, hearings, plea bargains, or a full trial. The outcome—whether it's a dismissal, acquittal, or conviction—will significantly impact how the charge is viewed on future background checks.
How Are Pending Charges Handled on Background Checks?
Background check companies typically report pending charges because they represent a potential legal issue. The information included might detail the specific charge, the date of the alleged offense, and the court where the case is pending. However, the crucial element is that it's pending, not a final conviction.
This is important because many background checks differentiate between arrests, charges, and convictions. An arrest is simply being taken into custody; a charge is a formal accusation; and a conviction is a formal finding of guilt. Pending charges fall somewhere in between, representing a serious accusation but not yet a conclusive judgment.
What Happens if a Pending Charge is Dismissed?
If the pending charge is dismissed, it means the court has decided there's not enough evidence to proceed with the case. While the charge will likely still appear on a background check for a certain period (depending on the state and the background check company's policies), a clear explanation of the dismissal can often mitigate its impact.
Can a Pending Charge Affect My Job Application?
Yes, a pending charge can significantly impact your job application. Many employers are hesitant to hire individuals with pending legal issues, even if the charge is ultimately dismissed. The employer's concern often stems from potential reputational damage, liability, or concerns about workplace conduct. The specific impact will vary widely depending on the nature of the job, the nature of the charge, and the employer's policies.
How Long Do Pending Charges Stay on My Record?
The length of time a pending charge remains on your record depends on several factors, including:
- The outcome of the case: A dismissal will generally have a less significant long-term impact than a conviction.
- State laws: Each state has its own laws regarding how long criminal records are retained and reported.
- The background check company's policies: Different companies have varying policies regarding how they handle pending charges and how long they retain this information.
It's crucial to remember that even after a case is resolved, the record might remain accessible for a significant period, depending on state and federal laws.
What Can I Do About a Pending Charge on My Background Check?
If you have a pending charge, it's crucial to:
- Consult with a lawyer: Legal counsel is essential to understand your rights and the best course of action for your specific situation.
- Be transparent: If you're applying for a job or housing, be prepared to explain the situation honestly and clearly.
- Provide documentation: If the charge is dismissed, obtain official documentation to support your claim.
Remember, a pending charge is not a final judgment. By actively engaging with the legal process and being transparent, you can mitigate its potential impact.
Can I get a copy of my background check report?
Yes, you have the right to receive a copy of your background check report under the Fair Credit Reporting Act (FCRA). This allows you to review the information and dispute any inaccuracies or outdated information.
What is the difference between a pending charge and an arrest?
An arrest is the initial detention by law enforcement. A pending charge is a formal accusation filed with the court following an arrest or investigation, indicating that legal proceedings are underway. An arrest doesn't always lead to a charge, and a charge doesn't automatically result in a conviction.
How can I explain a pending charge to a potential employer?
Be honest and upfront. Explain the situation briefly without providing unnecessary details. Focus on the steps you are taking to resolve the matter and highlight your positive attributes and qualifications. You might consider waiting until after the matter is resolved before applying for the position.
This information is for educational purposes only and should not be considered legal advice. Consult with a legal professional for guidance on your specific situation.
