When hiring new employees, conducting a comprehensive background check is crucial to ensure you’re bringing trustworthy individuals into your organization. One common concern for both employers and applicants is whether pending criminal charges will show up in a background verification check. The answer can vary depending on the type of background verification, the laws in your jurisdiction, and the severity of the charges.

In this article, we’ll explore in detail whether pending criminal charges will be visible during a background check, how they impact employment, and what employers and candidates should do when these charges appear.

What Are Pending Criminal Charges?

Pending criminal charges refer to accusations against an individual that have not yet been fully resolved in the legal system. Essentially, the person has been arrested or charged, but the court has not yet issued a final verdict. During this time, the individual’s case remains under investigation, and the legal proceedings are ongoing.

Pending criminal charges can cover a wide range of alleged crimes, from minor misdemeanors to more severe felonies. The outcome of these pending charges could be anything from acquittal and dismissal to a full conviction. But the question remains, will pending criminal charges show up in a background verification check?

Understanding the nature of these charges and their potential impact on your background verification is critical for both job applicants and employers.

Will Pending Criminal Charges Show Up in a Background Verification Check?

The short answer is yes, pending criminal charges will often show up in a background verification check, but the details depend on the type of check and the legal jurisdiction involved.

Different types of background checks reveal different levels of detail. For example, a standard criminal record check might not always include pending charges, but a more thorough police information check is likely to show all relevant legal actions, including unresolved charges.

Factors that determine whether pending charges appear in a background check include:

1. The Type of Check Conducted: Some checks, like vulnerable sector checks, are far more comprehensive than simple criminal record checks.
2. Jurisdiction and Local Laws: Different states and countries have specific regulations on what can be disclosed during a background verification check. For instance, in some jurisdictions, pending charges are not included unless they pertain to severe crimes.

Ultimately, whether pending criminal charges will show up in a background verification check often depends on the specifics of the check being performed and the laws governing it in that particular location.

Why Do Pending Criminal Charges Show Up in Background Verification Checks?

The reason pending criminal charges show up in background verification checks is to provide employers with a more complete picture of an applicant’s legal status. Employers rely on background checks to make informed hiring decisions, and knowing whether a candidate has unresolved legal issues helps them assess any potential risks to the organization.

Pending charges may raise concerns for employers, especially for positions that require a high level of trust or involve sensitive responsibilities. For example, pending fraud charges might be a red flag for a financial institution, while unresolved assault charges might be more relevant in healthcare settings.

When pending criminal charges show up in a background verification check, it gives employers the opportunity to evaluate how these charges could impact the job role and the company.

Factors Influencing Whether Pending Criminal Charges Appear on Background Checks

Several key factors influence whether pending criminal charges will show up in a background verification check:

1. State and Country Laws: Each jurisdiction has its own regulations on whether pending charges can be disclosed. In the U.S., states like California report all pending charges, while others might restrict the reporting of certain minor charges.
2. Type of Background Check: Different types of checks vary in the level of detail they provide. A basic criminal record check may omit pending charges, but a police information check or vulnerable sector check often includes them.
3. The Seriousness of the Pending Charge: More serious charges, such as felonies, are more likely to appear in background checks. Minor offenses or misdemeanors may not show up, depending on the jurisdiction.
4. The Employment Role: Some roles, particularly those in finance, education, or healthcare, often require more comprehensive checks where even minor pending charges are likely to appear.

These factors all play a role in determining whether pending criminal charges will show up in a background verification check.

How Pending Criminal Charges Impact Employment Opportunities

Pending criminal charges can greatly impact a candidate’s employment opportunities. Even though these charges have not yet resulted in a conviction, employers may still view them as a potential risk. This is especially true in industries where trust and safety are paramount, such as financial services, healthcare, education, and childcare.

Employers’ Options When Pending Charges Are Revealed:

1. Verify the Accuracy of the Information: Employers should first verify that the charges are accurate and up to date.
2. Assess the Relevance of the Pending Charges: Employers must decide if the pending charge directly impacts the responsibilities of the role. For example, a pending theft charge may be more relevant for a retail position than for a job in customer service.
3. Follow Legal Guidelines to Avoid Discrimination: Employers must comply with the Equal Employment Opportunity Commission (EEOC) guidelines in the U.S. to avoid discriminatory hiring practices. This includes evaluating the nature of the crime, the time since the offense, and how it relates to the job role.

Understanding how pending criminal charges will show up in a background verification check and how to handle them is essential for employers to make informed, legal hiring decisions.

Federal and State Laws Governing Background Verification Checks with Pending Charges

Background verification checks in the U.S. are governed by several key laws at both the federal and state levels. These laws ensure that both employers and applicants are protected during the hiring process.

Federal Laws:

• Fair Credit Reporting Act (FCRA): This law mandates that employers must obtain written consent from applicants before conducting a background check. Additionally, if the employer takes adverse action (such as not hiring the candidate) based on the findings, they must provide the applicant with a copy of the report.
• Title VII of the Civil Rights Act of 1964: This law protects against employment discrimination. Employers must ensure that their use of pending charges or other criminal history information doesn’t disproportionately affect individuals from protected classes.

State Laws:

• State laws vary greatly. For example, in California, all pending charges must be disclosed in background checks, while in New York, pending charges might only be reported for certain crimes.

Employers must remain compliant with both federal and state laws to ensure that they are legally handling the results of background checks.

How Long Do Pending Charges Stay on a Background Verification Check?

Pending criminal charges stay on background verification checks for as long as they remain unresolved. If the charges result in dismissal or acquittal, they may still appear on some types of background checks, depending on the jurisdiction and the type of check performed.

Once charges are resolved, the status of the individual’s criminal record will change, but the timeline for this can vary widely. It’s essential to check local laws regarding how long pending charges are reported, as this varies from state to state.

Visit Avvanz Background Check Services today and let us help you protect your organization’s future!

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