Introduction and Overview of Pending Charges on Background Checks

Pending charges refer to criminal charges that have been filed against an individual but have not yet been resolved in court. This means that the individual is still in the process of going through the legal system, and the outcome (such as a conviction or acquittal) has not been determined. In the context of a background check, pending charges appear as part of an individual’s criminal history but do not reflect a final judgment or conviction.

Pending charges are important because they are often viewed differently from convictions. A conviction indicates that the court has found the individual guilty beyond a reasonable doubt, while pending charges only suggest that someone is being accused of a crime and has yet to be proven guilty or not guilty. The distinction is crucial in determining how these charges are treated by employers, landlords, and others who conduct background checks.

How Do Pending Charges Differ from Convictions?

The key difference between pending charges and convictions lies in their legal status. While convictions are final legal determinations of guilt, pending charges are essentially “allegations” or accusations made against an individual. Here’s how the two differ:

• Pending Charges: The individual has been charged with a crime, but the case is still under investigation or in the judicial process. The person is presumed innocent until proven guilty. Pending charges do not carry the same weight as convictions because they represent accusations, not established guilt.
• Convictions: A conviction is the result of a court ruling that finds the individual guilty of the crime. Convictions have a lasting effect on an individual’s criminal record and can have serious consequences for employment, housing, and other aspects of life.

Because pending charges do not represent a final determination of guilt, they are often treated differently by the law, especially when it comes to employment and housing decisions. However, depending on the state and local laws, the way pending charges are handled can vary significantly.

Impact of Pending Charges on Employment and Housing Applications

Pending charges can have a significant impact on an individual’s job search, housing application, and other opportunities. When conducting background checks, employers and landlords typically review criminal records to assess whether an applicant has a history of criminal behavior that could affect their suitability for a position or tenancy. While convictions are the primary focus, pending charges may also come up in a background check, depending on the jurisdiction and the type of check being conducted.

• Employment: Employers may hesitate to hire someone with pending charges, especially if the charges are related to violent crimes or other offenses that might impact the safety and productivity of the workplace. However, some employers might be more lenient, especially if the pending charges are not severe or have been pending for a long time.
• Housing: Landlords may also use pending charges as a reason to deny rental applications, particularly if the charges suggest potential risks to the property, other tenants, or the community. However, many landlords are now more cautious about rejecting applicants based on pending charges alone, especially given the legal complexities involved.

Why Do Some States Prohibit Reporting Pending Charges?

Several states have passed laws that prohibit or limit the reporting of pending charges on background checks. The rationale behind this decision is to prevent individuals from being unfairly penalized before a court has made a final ruling on their case. In essence, pending charges are seen as accusations, and individuals should not be judged or discriminated against based solely on unproven allegations.

The exclusion of pending charges from background checks helps ensure that applicants are not prematurely or unjustly excluded from opportunities based on the presumption of guilt. By removing pending charges from background checks, states aim to provide individuals with a fair chance at employment, housing, and other critical aspects of life, even if they are facing legal challenges.

Moreover, reporting pending charges can lead to discrimination and bias, as employers or landlords might be influenced by the mere presence of charges, even though the individual has not yet been convicted. Excluding pending charges helps to mitigate the risk of unfair judgment and supports the principle of “innocent until proven guilty.”

The Importance of Understanding How Pending Charges Affect Job Opportunities

For job seekers, understanding how pending charges are treated in background checks is critical. The presence of pending charges can complicate the application process, but it’s important to know how they are handled in your state or jurisdiction. In some states, pending charges may not even appear on a background check, while in others, they could be a significant factor in the hiring decision.

Knowing the laws and regulations in your state can help you navigate the job application process more effectively and reduce the stress of not knowing whether pending charges will affect your prospects. In some cases, you may be able to explain the situation to employers or landlords, especially if the charges are old or unrelated to the position you’re applying for.

It’s also important to remember that some employers are willing to overlook pending charges, especially if they are not related to the type of job being offered. Many organizations are increasingly focused on providing second chances to individuals with criminal histories, and some states and cities are passing laws that prohibit discrimination based on pending charges.

States That Prohibit Pending Charges on Background Checks

Several states have enacted laws to prohibit the i