Can Background Checks See Pending Charges?

Can Background Checks See Pending Charges?

A frequently asked question by prospective clients seeking a new background screening provider is, “Can background checks see pending charges?” This query is especially pertinent for companies requiring comprehensive, fast, affordable, and legally compliant services under the Fair Credit Reporting Act (FCRA) and applicable state and local laws.

The Role of Background Checks for Employers

Background checks are a fundamental component of the hiring process, providing several critical benefits:

  1. Reduces Risk of Negligent Hiring: Background checks help mitigate the risk of hiring individuals who might pose legal and financial risks to the employer. For instance, companies that conduct thorough background checks reduce the likelihood of workplace violence by up to 50%.
  2. Improves Compliance: Employers are better able to comply with industry regulations and avoid fines or penalties associated with non-compliance. Studies show that thorough background screening can decrease regulatory non-compliance by over 40%.
  3. Enhances Workplace Safety: Effective screening reduces the chances of theft, fraud, and other criminal activities within the workplace. Companies that implement regular background checks report a 30% decrease in theft and fraud-related incidents.

How Background Checks Work

A standard background check process includes several key steps and components:

  • Social Security Trace: This verifies the candidate’s identity and traces their address history.
  • Public and Private Records: Includes checks on criminal records, civil records, credit history, and more.
  • Scope and Depth: Typically covers the past seven to ten years, depending on legal requirements and the nature of the job.
  • Results: Common findings include criminal history, verification of education and employment, credit status, and driving records.

Treatment of Pending Charges in Background Checks

The reporting of pending charges in background checks varies significantly between jurisdictions:

  • State Laws and FCRA Compliance: Some states allow the reporting of pending charges, while others only allow reporting of adjudicated cases. The FCRA permits the reporting of pending charges as part of the background check process, provided it complies with state laws where the job is located.
  • Employer Considerations: When pending charges are reported, employers must consider their relevance to the job in question, potential for discrimination, and implications for workplace safety and compliance.

Conclusion

To answer the question: Yes, background checks can see pending charges, but the inclusion of these charges in the report depends on state laws and FCRA regulations. Employers must handle this information with care to avoid discrimination and ensure fair hiring practices.

For businesses looking for a reliable and compliant background screening provider, EDIFY Background Screening offers comprehensive, efficient, and affordable services. We ensure that our background investigations are conducted with the utmost integrity, adhering to legal standards to support your hiring needs effectively. Contact EDIFY Background Screening today to partner with a qualified consumer reporting agency capable of fulfilling your background screening requirements efficiently and lawfully.

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