Will Pending Criminal Charges Show Up on My Background Check?

If you’re applying for a job, renting a property, or seeking certain licenses in North Carolina, you may wonder, “Will pending criminal charges appear on my background check?” The answer to this question depends on a number of things, including the type of background check being completed. Understanding background checks and how they work can help you prepare for any circumstances you may face following a criminal charge.

What Is Involved in a Background Check?

Background checks verify the history of an individual, from employment to education to finances and, most often, criminal records. These are checks that employers, landlords, and licensing authorities may request to ensure you are reliable or suitable for the service you are participating in or applying for. Criminal background checks usually include the following:

• Convictions
• Arrest records
• Warrants
• Court filings
• Pending charges

What Is a Pending Charge?

A pending criminal charge is a criminal accusation that has been made against someone but hasn’t yet gone to court. Unlike convictions, where a final decision on guilt has been made, pending charges are ongoing accusations. This simply means the defendant is waiting for the case to conclude, whether that be through trial, plea bargain, discharge, or any other arrangement.

Pending charges emerge when the police or prosecutors present formal charges in court. This typically occurs after an arrest, investigation, or complaint. A case is not over until the case goes to trial. That includes situations where a court date has been scheduled, evidence is being examined, or negotiations are in process.

It’s important to note that a pending charge is not an automatic official determination of guilt since a person is presumed innocent until proven guilty. However, pending charges are available on public records and may appear on background checks. Even though pending charges do not ensure a conviction, they still come with penalties, such as travel restrictions and loss of employment opportunities.

Are Pending Criminal Charges on a Background Check?

Yes, pending criminal records can show up on background checks. Once a charge is filed, it’s put on the court record and can be reviewed by background check agencies. This is true whether the charge ends up leading to a conviction, dismissal or some other outcome. Pending charges may appear in a number of ways.

If you were arrested but no formal charges were filed, this may not show up on your criminal background check. However, depending on the type of search being done, it may still be able to be found.

When charges are brought, they become public records in most states, including North Carolina. Employers and landlords who do an exhaustive criminal history search are likely to see these charges in their reports. Once the charges reach a result (whether that be acquittal or conviction), this will appear on your background check.

How a Pending Charge Can Affect You

Having a pending charge does not automatically disqualify you from every opportunity. However, it can be a place of hesitancy for employers and landlords, and they may choose to deny your request or application for employment and housing, depending on the circumstances.

For instance, if the pending charge is a serious (or even violent) offense, such as murder, assault with a deadly weapon, or domestic violence, this may bring more scrutiny than smaller offenses.

In addition, the type of offense may cause more hesitancy in certain situations than others. For example, an employer at a retail establishment may take a pending theft charge more seriously than another employer where theft or shoplifting is not as closely related to the job.

An employer or landlord may look favorably on your application if you are honest about the charge rather than them finding out on their own through a background check.

What to Do If You Have a Pending Charge

If you’re worried about what pending charges could mean for your opportunities, there are some proactive steps that can help prevent that. Start by investigating your records yourself with the Clerk of Court in the county that filed charges to see what others might find. Be honest, if necessary, and explain the situation and have evidence of character or recovery.

Speak with an experienced attorney to learn your rights, consider options such as expungement, and communicate with employers or landlords. Secondly, ask for contextual background checks if necessary, and be aware of changes in the law in North Carolina that could affect you.

FAQs

Q: Why Do Pending Charges Show Up on Background Checks?

A: Pending charges show up on background checks because they are public record. These records are sometimes pulled up as part of a background check because they indicate what point the case is at. Employers and others use it to measure risk, even though a pending charge is neither a conviction nor evidence of guilt.

Q: What Background Check Do Most Employers Use?

A: The vast majority of employers run normal criminal background checks that look at county, state, and occasionally national criminal records, from pending charges to convictions and arrests. These can include identity verification, job verification, schooling, and sometimes credit checks, depending on the needs of the position. The type of check you receive is dependent on the role and field.

Q: What Matters Most in a Background Check?

A: The factors most relevant to a background check vary depending on what is important to the employer and what is necessary for the position. Employers typically look at criminal records, offenses relevant to the position, reliability of work and school records, and financial responsibility in certain positions. Honesty, openness, and rehabilitation can affect outcomes too.

Q: Can Pending Charges Prevent Me from Getting a Job?

A: Yes, pending charges can prevent you from getting a job depending on the nature of the job and the type and severity of the charge against you. If the charge is relevant to the position (such as a theft charge for a retail position), this may hinder you from receiving the job. Also, if you have a serious charge against you, such as child abuse, and you apply for a position in childcare, this will also likely result in a denied application.

Contact The Law Office of Kevin L. Barnett Today

Having a pending charge against you does not have to result in an automatic denial of all opportunities. An attorney at The Law Office of Kevin L. Barnett can help you understand your rights. Contact us today to get started.