Do Police Investigations Appear in Background Checks?

Employers conduct pre-employment background checks to protect workplace safety and their business reputations. Criminal background checks are a common component of the employment background screening process and can reveal if an applicant has a disqualifying criminal conviction. But what about pending charges and police investigations? Do these show up in background checks? We'll explore the details in this article.

What is a Pending Charge?

A pending charge means that the person who has been arrested for an alleged crime is still having their case reviewed by the prosecutor. Prosecutors are responsible for deciding the charges a person might face, and they do not always follow through with the charges referred by the police. There are several reasons a charge might remain pending:

Sufficiency of the evidence requires further review Questions about whether the person or someone else might have been the perpetrator Potential errors made by the police in a stop, search, and seizure Charging errors made by the police

The prosecutor can ultimately decide to dismiss the charge, add additional charges, reduce the charge, or proceed with the charges as recommended by the police. A pending charge typically refers to a charge filed by the prosecutor that is still going through the court process and has not been resolved through a plea agreement or trial verdict.

Factors Affecting the Appearance of Police Investigations in Background Checks

The appearance of a police investigation in a background check depends on several factors, including the type of background check, the outcome of the investigation, jurisdictional laws, and employer policies.

Type of Background Check

There are different types of background checks, such as criminal background checks, employment background checks, and more. A criminal background check typically focuses on convictions, while employment checks may look at a broader range of activities. The details and scope of the background check can vary significantly.

Status of the Investigation

If the investigation did not lead to any charges or convictions, it is less likely to appear in a standard background check. However, if the investigation resulted in charges, those charges may show up, especially in a criminal background check. The more detailed the investigation, the higher the chance of a pending charge appearing.

Jurisdiction

Laws regarding what information can be reported and for how long vary by state or country. Some jurisdictions have laws that limit the reporting of certain types of information after a specified period. For instance, in some states, misdemeanor charges may not be reported after a certain number of years.

Public Records

In some cases, the details of a police investigation may be part of public records. Depending on local laws, background check companies may have access to these records. Public records can be a determining factor in whether a police investigation appears in a background check.

Employer Policies

Employers may have different policies regarding how they interpret background check results. This can affect whether a police investigation is considered relevant to hiring decisions. Some employers may choose to conduct additional searches or seek more information from applicants, while others may have more lenient policies.

If you have specific concerns about your background check, it might be helpful to consult with a legal professional or a background check company for more tailored advice.