Do Pending Charges Show Up on A Background Check in North Carolina? 2024

If you have recent charges, you may be wondering, “Do pending charges show up on a background check in North Carolina?” A charge can appear on a background check as pending for many reasons, and it can impact your ability to do things like find employment or secure housing. Information that is gathered from background checks is not always accurate or complete.

The swiftness of information reporting is dependent on efficiency at multiple points, and can be hindered by delays at different levels. For this reason, employers must exercise caution and acknowledge that the information may be incorrect or outdated. A pending charge does not immediately warrant exclusion from potential employers.

A pending charge does not automatically warrant exclusion from opportunities, and the help of an expert criminal defense attorney in Gastonia can be invaluable if you need guidance on how these charges may affect your future. An experienced attorney can provide advice on clearing records, challenging inaccuracies, and advocating for your rights during the legal process.

Employers must follow strict requirements when considering information from a background check to ensure that applicants are being treated fairly and in a non-discriminatory way.

Employers and Background Checks

Employers can use background checks when deciding to hire an individual. If you have a criminal record, this will become apparent to your prospective employer. However, having a criminal record will not automatically disqualify you for a job. The Equal Employment Opportunity Commission has placed limitations on how background checks can be used for hiring a new employee to ensure that the practice is not discriminatory.

Background checks can be considered discriminatory if they are:

• Used to disproportionately exclude people of a particular protected group
• Used to treat two applicants with the same criminal record differently when they are part of a protected group

Employers must also disclose to the applicant that they are performing a background check in a standalone written document. They must also receive express, written consent from the applicant to perform this background check and any other investigative actions, including:

• Personal interviews about the applicant’s character or reputation
• Lifestyle inquiries
• Inquiries into personal characteristics

The scope of these additional investigative actions must be relayed clearly and conspicuously to the applicant.

Using Background Checks in Decision-Making

Background checks can be an important facet of decision-making for employers. So long as they are not used in discriminatory ways, employers use background checks to make sure previous charges do not interfere with the job. Employers must consider the nature of the crime, its relevance to the job, and the amount of time since the crime occurred. Employers should also allow applicants who are excluded by the screening to be able to explain why they should not be excluded.

Do I Have to Consent to a Background Check?

Employers are required to disclose that they are performing a background check. Likewise, they must receive written consent from an applicant to perform this check.

Limitations of a Background Check

A significant amount of government criminal record databases do not have complete, up-to-date criminal records. Employers often resort to outsourcing background checks to third-party consumer reporting agencies (CRAs.) The limitations on what criminal information a CRA can sell back to an employer are subject to the Fair Credit Reporting Act. A CRA should not report any records of arrest that are over seven years old and did not result in a conviction. However, convictions can be reported indefinitely.

CRAs often maintain their own databases, but they are not 100% accurate either. It is important to note that CRAs may also possess discrepancies in criminal records, even though they can pull from a wide variety of sources for information. They may be missing updated information on convictions and expungement orders.

When Will a Background Check Prohibit Me from Getting a Job?

Strict regulations from the FCRA require employers to exercise caution regarding background checks, even if the decision to exclude an applicant seems obvious. Cases that usually call for exclusion include serious crimes like sexual assault and homicide.

The nature and gravity of the offense are not the only things an employer should consider, though. The FCRA asks that employers consider the amount of time that has passed since the offense occurred, and provide the applicant with an opportunity to explain why the exclusion should be reconsidered.

FAQs About Background Check in North Carolina

Do Pending Charges Show on a Background Check in North Carolina?

Pending charges will appear on a background check in North Carolina, although there are limits to how information from a background check can be used. Pending charges may hinder an employer’s decision to hire you, but their decision must be in compliance with the non-discriminatory processes enforced by the FCRA.

Will an Arrest Disqualify Me from Getting a Job?

An arrest will not automatically disqualify you from getting a job. Arrests are not proof that criminal conduct occurred, and they are not viable grounds for exclusion. In most background checks, an arrest without a conviction that occurred over seven years ago should not be reported.

However, a record of arrest may prompt an employer to look into the conduct that led to the arrest. Conduct can be considered by an employer as grounds for exclusion if it impacts the ability to perform the job.

Why Would a Background Check Say Pending?

There are several reasons a background check might say pending. You might experience a delay in your background report if there is missing, conflicting, or inaccurate information that requires more attention. Additionally, delays can occur among third-party services, court systems, or simply because of a surge of background checks being processed at once.

How Far Back Do Most Background Checks Go?

Background checks gather information from your entire life, but not all information should be reported on. Convictions can be reported indefinitely unless they are expunged. Arrests without conviction are only allowed to be reported if they occurred within seven months of the check. Arrests that did not result in conviction from over seven years ago should not be included in a background report.

Navigating Background Check Issues With an Attorney

If you have been charged with or accused of a crime, you may find it difficult to navigate life with your criminal record. If you believe there has been a legal issue regarding the contents or usage of a background check on you, schedule a consultation today with The Law Firm of Brent D. Ratchford to discuss your options.