A pending charge on a background check can be a stressful and confusing situation. It represents a legal accusation that hasn't yet been resolved in court. This means the outcome is uncertain, and the potential consequences can significantly impact your life, from employment opportunities to housing applications. This comprehensive guide will demystify pending charges and help you understand their implications.
What Does a Pending Charge Mean?
A pending charge signifies that law enforcement has filed formal accusations against you, but the case is still ongoing. This means the legal process, including investigations, potential plea bargains, and possibly a trial, is yet to conclude. The charge remains on your record until the case is resolved, whether through dismissal, acquittal, or conviction. The mere existence of a pending charge doesn't automatically equate to guilt; it simply indicates an accusation that needs further investigation and legal proceedings.
How Long Do Pending Charges Stay on a Background Check?
The duration a pending charge remains on a background check varies significantly depending on several factors:
- Jurisdiction: Laws differ across states and countries regarding how long criminal records are maintained and reported.
- Type of Charge: Felonies generally remain on records longer than misdemeanors.
- Resolution of the Case: Once the case concludes, the record will be updated to reflect the outcome (e.g., dismissed, acquitted, convicted). However, even a dismissal might still show up on some background checks, often with an annotation indicating the case's dismissal.
- Background Check Provider: Different companies use various databases and have different policies on how they handle pending charges.
It's crucial to understand that even after the case is resolved, the information might still appear on your background check for a specific period, as dictated by the relevant jurisdiction's regulations.
Can a Pending Charge Affect My Job Application?
Yes, a pending charge can significantly impact your job application. Many employers conduct background checks as part of their hiring process. A pending charge raises concerns about your reliability, trustworthiness, and potential risk to the workplace. The employer's reaction depends heavily on the nature of the charge, the job's requirements, and the company's policies. Some employers may choose to wait for the case's resolution, while others might disqualify you outright.
How Can I Explain a Pending Charge on My Application?
Honesty is crucial when addressing pending charges on a job application. However, simply stating that you have a pending charge isn't enough. Be prepared to provide context without oversharing or admitting guilt. You might explain that the matter is under investigation and that you are cooperating fully with the legal process. Focus on your positive attributes and skills, emphasizing your commitment to work ethic and professionalism.
What Happens if the Charges are Dropped?
If the charges are dismissed or dropped, you should contact the background check company to request an update to your record. Provide them with official documentation proving the dismissal. However, keep in mind that even with a dismissal, some records might still show up for a predetermined period, often with an annotation explaining the dismissal.
How Do Pending Charges Affect Housing Applications?
Similar to employment applications, pending charges can negatively impact your chances of securing housing. Landlords conduct background checks to assess potential tenants' risk levels. A pending charge raises concerns about your ability to pay rent consistently and maintain a peaceful living environment.
What if I'm Convicted of the Charge?
A conviction significantly alters the landscape. It will become a permanent part of your criminal record, impacting future employment, housing, and other aspects of your life. The implications depend largely on the severity of the crime.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult with an attorney for guidance on your specific situation. The legal process is complex, and professional legal counsel is always recommended when dealing with pending charges.
