The short answer is: possibly, but not always. Whether pending criminal charges appear on a background check depends on several factors, making it a complex issue. This article will delve into the specifics, answering common questions and providing clarity on this important topic.
What Information is Included in a Background Check?
Background checks typically pull information from several sources, including:
- Court Records: This is the primary source for criminal history information. However, the inclusion of pending charges depends on how quickly the court updates its records and the specific database the background check company uses.
- Law Enforcement Databases: These databases may contain information on arrests and pending charges, even before formal court filings. Access to these databases varies by state and the background check company's capabilities.
- Public Records: Some jurisdictions make court records available online to the public. Background check companies may access this information.
What Factors Influence Whether Pending Charges Appear?
Several factors determine whether pending charges will appear:
- Jurisdiction: The laws and record-keeping practices vary significantly between states and even counties. Some jurisdictions are faster and more efficient at updating their records than others.
- Stage of Proceedings: Early stages of a case, such as the initial arrest and filing of charges, may not immediately show up in all databases. The longer the case progresses, the more likely it is to be reflected in a background check.
- Type of Background Check: Different types of background checks access different databases. A basic background check may not be as comprehensive as a more thorough, in-depth screening.
- Background Check Company: Each company uses different databases and has different access levels. The accuracy and completeness of the information will vary depending on the company.
- Time Elapsed: The time between the filing of charges and the background check influences the results.
Will an Arrest Show Up Before Charges are Filed?
Yes, an arrest record might appear on a background check even before formal charges are filed. This is because law enforcement databases often record arrests, and some background check companies have access to those records. However, the information may be less detailed than when charges are officially filed in court.
How Long Does it Take for Pending Charges to Appear on a Background Check?
There's no single answer to this question. It can range from a few days to several months, depending on the factors mentioned above. It's essential to understand that the speed of record updates is not always consistent.
What Happens if the Charges are Dismissed?
If the charges are dismissed, the information should eventually be updated in court records. However, there can be a delay. Some background check reports may include a notation that the charges were dismissed, while others might simply remove the information entirely after a period of time (varies by jurisdiction and company policies).
What Should I Do If I See Inaccurate Information?
If you believe the information in a background check is inaccurate, you should:
- Contact the Background Check Company: Inform them of the error and request a correction.
- Review Court Records: Obtain a copy of your own court records to verify the accuracy of the information.
- Dispute the Information: Follow the background check company's dispute process. They may re-run the check or provide a correction.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. It's vital to consult with a legal professional for advice specific to your situation. The accuracy and completeness of background checks can vary, and it's crucial to understand their limitations.
