Written by Background Check Repair
Background Checks | June 21, 2024
Table of Contents
How long does it take for a pending charge to show up on a background check? Unfortunately, for most offenses, pending charges will begin showing up on a background check as soon as the charges are filed.
But, there are some conditions.
It often depends on how quickly the charges are entered into criminal records systems.
Luckily, there are a few options available to minimize the impact of a pending charge as well as to know for certain what is going to show up on a background check.
First, use a free background check search to quickly perform a public records search on yourself to see if there are any pending changes. Then, use this comprehensive guide to help remove charges from your record and get them dropped.
Many people wonder whether pending charges may appear on a records check. Pending charges will show up on most pre-employment background checks these days.
Most private employers will hire a third-party background check service to perform background check investigations on applicants. These companies rely on public information to complete these searches and in most cases will run the name of the applicant through dozens of different databases to find all possible information on them.
One of the main databases that these companies check is court databases using the address information given by the applicant. This gives the background check investigator access to any public court documents that have the applicant’s name on them. This will include all criminal history information including arrests, charges, pending charges, and convictions.
The only types of court records that are not publicly available are those that involve family courts, with minors, and other juveniles whose names may be listed on court records. These records won’t appear on a background check.
But, how long does it take for a pending charge to show up on a background check? The court databases that background check investigators rely on are updated on every business day so the information is as accurate as possible.
Realistically, it will take only a few hours after charges have been filed before they will appear in a background check. But, it could take longer.
In order to deal with the charges that may appear on a person’s record, preparedness is key. The first thing that you need to ask yourself is if there are any pending charges against you. The best way to find out about pending charges against you is to perform a background check on yourself.
(Image: FBI1)
This can be done using the search bar at the top of this page, which will perform a public record search using an individual’s name for free. Other options are available for a background check that carry a fee. Individuals can hire a private background check service to perform the check.
Or those interested in the most thorough check possible can perform a federal background check on themselves, by paying the FBI to perform an identity history summary check.1
Being charged is among the most difficult circumstances a person may experience. Therefore, it’s crucial to know how to have charges withdrawn prior to the scheduled court date.
One of the best possible scenarios when facing criminal charges is if the charges are dropped early on in the process. When charges are dropped the criminal proceedings come to an end and the individual is able to walk away without any convictions on their criminal record.
However, getting charges dropped is not always possible and will usually rely on circumstances outside the control of the individual. Charges can be dropped for a variety of reasons, most often they will be dropped due to insufficient evidence or procedural issues with the investigation or arrest.
In some cases, an individual may be a suspect in a case which will result in charges being brought against them. However, sometimes law enforcement will file charges before enough evidence has been gathered. In this case, an attorney may make the case to a judge that there is not enough evidence to charge the individual and ask for the charges to be dropped.
Besides insufficient evidence, procedural issues can also cause charges to be dropped. Things like charges that were the result of an illegal search, or an arrest being made where the individual was not made aware of their rights are both causes to get charges dropped.
Keep in mind that just because charges were dropped does not mean they will not be filed again. This is often the case when law enforcement is forced to drop charges due to a lack of evidence, only to uncover more evidence in the subsequent days or weeks. However, getting the charges dropped is still worthwhile as it will give the individual’s legal counsel more time to prepare.
Charges can be dropped at any stage in criminal proceedings if there is sufficient reason for the charges to be dropped. Most of the reasons that charges can be dropped will become evident fairly early on in the process, so the majority of dropped charges will be dropped before or during the arraignment hearing. This is partly due to the fact that this will be the individual’s first time appearing in front of a judge and their attorney may make the case that the charges should be dropped to the judge.
As far as charges being dropped later in the process, this is fairly rare since law enforcement will likely have a fairly tight case later in the process. However, sometimes new evidence will come to light that exonerates the individual completely.
The desire to learn more about others may not be a bad thing. Learning how to search for charges on someone’s record can be very helpful in deciding whether you want a connection with that person. The best way to look up charges on someone is to perform a background check on the individual using one of the methods discussed above.
Besides performing a background check, if the court where the individual was charged is known, it is possible to go directly to the court with the individual’s name to make a records request.
If you are the subject of criminal accusations, knowing how to determine whether a criminal case is brought against you is vital. Individuals with charges filed against them will be notified by mail or in person by an individual who will deliver the criminal summons.
If neither of these has occurred and individuals still believe there may have been charges filed, then the best things to do are run a background check on yourself or contact an attorney who can find out for you.
Getting a job with pending charges against you can be difficult but not impossible. The best thing individuals can do to increase their chances is to be honest with the hiring manager and have a response ready that discusses the circumstances of the situation.
Many employers will use private companies to learn a job candidate’s employment history. So, as long as a person is forthcoming about their past, getting a job with pending charges isn’t impossible.
Many people wondering, how long does it take for a pending charge to show up on a background check, may be considering performing a check on themselves to check for charges but will be concerned about how long it takes.
Although pre-employment background checks take a few days to complete, most online background checks will be completed in a matter of minutes.
While the FCRA currently limits charges without a conviction from appearing on a background check after 7 years,2 this is the only federal law on the matter, so some states have adopted their own laws.
(Image: Federal Trade Commission2)
Unfortunately, very few states have enacted laws that prevent non-conviction information such as pending charges from appearing on a background check.3
In the vast majority of states, there are few, if any, restrictions on what appears on a records check.
Use the table below to find information about non-conviction information such as pending charges or probation appearing on a background check.
| State | Will Pending Charges Show Up on a Background Check? |
| Alabama | Alabama – Yes |
| Alaska | Alaska – Yes |
| Arizona | Arizona – Yes |
| Arkansas | Arkansas – Yes |
| California | California – No, only conviction information allowed on background checks. |
| Colorado | Colorado – Yes |
| Connecticut | Connecticut – Yes |
| Delaware | Delaware – Yes |
| Florida | Florida – Yes |
| Georgia | Georgia – Yes |
| Hawaii | Hawaii – Yes |
| Idaho | Idaho – Yes |
| Illinois | Illinois – Yes |
| Indiana | Indiana – Yes |
| Iowa | Iowa – Yes |
| Kansas | Kansas – Yes |
| Kentucky | Kentucky – No, only conviction information allowed on background checks. |
| Louisiana | Louisiana – Yes |
| Maine | Maine – Yes |
| Maryland | Maryland – Yes |
| Massachusetts | Massachusetts – Yes |
| Michigan | Michigan – Yes |
| Minnesota | Minnesota – Yes |
| Mississippi | Mississippi – Yes |
| Missouri | Missouri – Yes |
| Montana | Montana – Yes |
| Nebraska | Nebraska – Yes |
| Nevada | Nevada – Yes |
| New Hampshire | New Hampshire – Yes |
| New Jersey | New Jersey – Yes |
| New Mexico | New Mexico – Only conviction information allowed on background checks |
| New York | New York – Only conviction information allowed on background checks |
| North Carolina | North Carolina – Yes |
| North Dakota | North Dakota – Yes |
| Ohio | Ohio – Yes |
| Oklahoma | Oklahoma – Yes |
| Oregon | Oregon – Yes |
| Pennsylvania | Pennsylvania – Yes |
| Rhode Island | Rhode Island – Yes |
| South Carolina | South Carolina – Yes |
| South Dakota | South Dakota – Yes |
| Tennessee | Tennessee – Yes |
| Texas | Texas – Yes |
| Utah | Utah – Yes |
| Vermont | Vermont – Yes |
| Virginia | Virginia – Yes |
| Washington | Washington – Yes |
| West Virginia | West Virginia – Yes |
| Wisconsin | Wisconsin – Yes |
| Wyoming | Wyoming – Yes |
It’s a question that many people have: Will dismissed charges still appear on a records check? Dismissed charges will show up on background checks in most states.
(Image: Лечение наркомании4)
However, many of these states will also make it fairly easy to get these dismissed charges sealed after a certain amount of time has passed.
It is possible to get a job with a pending misdemeanor charge or even a misdemeanor conviction. Most individuals ask: How long does it take for a pending charge to show up on a background check? Are concerned because they are applying for a job and are worried about how it will affect their chances.
Unless the pending charge is for a serious misdemeanor, such as a violent misdemeanor, most employers will be able to overlook the pending charge.
The best thing to do is to be honest and upfront about the charges. Explaining the circumstances will be most individuals’ best chance of getting an employer to overlook the charges. However, some employers will have policies against these hires, in which case there is little that can be done.
Individuals wanting to get rid of pending charges should contact a lawyer as soon as possible. An attorney will be able to go over the unique facts of the case and determine the best plan of action.
In some cases, this may be to try and get the charges dropped or to work out a plea deal to get the charges off the individual’s record in exchange for community service or something similar.
Having pending charges against you may feel like a burden that will make it impossible to get a job but this is not always the case. Individuals wondering “how long does it take for a pending charge to show up on a background check?” should perform a check on themselves to take away any guesswork and prepare for any upcoming interviews with this information in mind.
Individuals can check for charges against them by performing a background check on themselves or contacting the county court clerk and making a records request.
Pending charges of any kind are likely to show up on most background checks. Since most checks rely on online court databases, this information will be available shortly after the charges are filed.
Arrest information, charges and convictions will show up on most background checks unless a state law specifically prohibits this information.
People are interested to know if non-convicted arrests are included in background check reports. In most states arrests and charges will show up regardless of whether there was a conviction or not, but some states have specific laws that allow individuals to easily seal non-conviction records.
Individuals can check for pending criminal charges by performing a background check on themselves, searching court databases, or contacting an attorney to check on their behalf.
There are a lot of questions that come to mind for someone who is charged with a crime and one of them is if charges can still be withdrawn even after being indicted. Charges can be dropped at any time in the process if there is sufficient reason for the charges to be dropped.
Pending charges will show up on a background check almost immediately since they are entered into an online database that is used by background check agencies.
1Federal Bureau of Investigation. (2016, May 03). Identity History Summary Checks. Identity History Summary Checks (Rap Sheets). Retrieved 2022, from <https://www.fbi.gov/how-we-can-help-you/need-an-fbi-service-or-more-information/identity-history-summary-checks>
2Federal Trade Commission. (2013, July 19). Fair Credit Reporting Act. Statutes- Fair Credit Reporting Act. Retrieved 2022, from <https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act>
3Kentucky Court of Justice. (2022). Background Checks. Kentucky Background Checks. Retrieved 2022, from <https://kycourts.gov/AOC/Information-and-Technology/Pages/Background-Checks.aspx>
4Photo by Лечение наркомании. Cropped, Resized, Changed Format. Pixabay. Retrieved June 21, 2024, from <https://pixabay.com/photos/freedom-sky-hands-handcuffs-clouds-1886402/>
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