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-   -   Background check with pending charges (https://www.askmehelpdesk.com/showthread.php?t=124662)

  • Aug 31, 2007, 11:53 AM
    inhaLe
    Background check with pending charges
    I have court in 2 weeks for a charge that was issued earlier this year (theft under 5k). I had an interview yesterday and they said everything looked good, but they have to submit a background check (not sure what type; bondable, child abuse, etc.). I was just wondering that since it's not a conviction, I'm sold it won't show up. But, I'd like to hear it from someone with a little more experience than me.

    Basically the question is, Will pending charges for a theft under 5000 appear on a background check?

    Thanks!
  • Aug 31, 2007, 01:59 PM
    tickle
    And the answer is... yes, in it will appear on a background check. At least where I live. Interesting that you mentioned a background check and you weren't sure what type, bondable, child abuse(what is this all about; whatever you are convicted of, pending to be convicted of, whatever is filed in court documents will show up... even child abuse the more horendous as far as I am concerned.
  • Aug 31, 2007, 05:58 PM
    excon
    Hello in:

    Only convictions show up on a background check, if at all.

    excon
  • Sep 1, 2007, 02:33 PM
    inhaLe
    Thanks, but it seems like I can't get a for sure answer from anyone. Some say yes, some say no.

    Any others? Lol. I live in Canada as you can tell, don't know if it differentiates any here.
  • Sep 1, 2007, 03:47 PM
    excon
    Hello again, in:

    I think we're ALL right. Because, there's no such thing as a BACKGROUND check. What there are, are a jillion kinds of backgrounds checks, just like there's a jillion kinds of hamburgers. In the marketplace, what there is, is an amount of money that a person or company is WILLING to spend to find out about somebody.

    Some companies might just do an internet background search. Ok, there ISN'T an internet background search. There's a jillion kinds of internet background searches. In the marketplace, there are people who do good work, and there are people who market well. They're not the same thing. Like any business, some people do it well - others do not.

    So, SOME internet background searches MIGHT show your record, and some MIGHT not.

    Now, if the person who's interested in your background REALLY wants to know about you and is willing to spend the money necessary and knows WHO to spend it with, THAT person will find out about you.

    What I'm saying to you, is there's a difference between a cheeseburger and a filet mignon.

    excon
  • Sep 1, 2007, 04:01 PM
    tickle
    I live in Canada too. My employer several years ago as a stipulation of hiring me, wanted a background check so I went to the police station in town, paid 25 dollars and had it done. Of course nothing came up. The background check is given to YOU, you pick it up and because of the freedom of information act no one but you can see it first.
  • Sep 1, 2007, 04:45 PM
    inhaLe
    Thanks for clearing that up excon, I know exactly what you mean.

    Basically since it's for best buy, they are doing it themselves, I guess they can spend however much they want to.

    Thanks for the information. I guess I'll have to wait and call them like they said, I just don't want it to be insanely awkward, lol.
  • Sep 1, 2007, 04:49 PM
    danielnoahsmommy
    I believe the best thing is to be honest, if they hire you and later they find out you have had a conviction you will lose your job. One for being an excon and if that doesn't get you fired lying to them will. Be honest.
  • Sep 1, 2007, 04:56 PM
    Fr_Chuck
    In the US,

    I will disagree with excon on this one, if you were going to be hired at McDonlads or Texico, no it would not show up, But arrests are visible even if later dismissed to police and the courts. So yes any arrest that has been reported to the NCIC national data base ( and has had time to be entered) will show up to the court on their background check.

    A pre-trial investigation is not a standard employment record search, but they have access to all of the NCIC report, even the restricted part.

    As a police officer when I ran a NCIC report, I would see every arrest, those dismissed, those found not guilty, pre trial diversion, and convictions, all of them.
  • Sep 7, 2007, 06:08 PM
    rlrl
    The NY State office of Court Administration background check will report pending arrests. Not sure if all other court systems chacks report pending arrests or not
  • Mar 13, 2008, 04:02 PM
    Maggs108
    Pending charges do show up on a criminal background check in the United States, I called a background check company and asked them. If you do not believe me call them yourself. The number is Toll-Free:888 792-4473. I don't know if they show up with all criminal background companies or not. I think that people should really be innocent until proven guilty instead of having a crime that you did not commit and is in the process of being dismissed held against you. Good luck everyone.
  • Jun 19, 2009, 09:39 AM
    RestlessReply
    How did your situation turn out? I am in the same position as you, and I am waiting for a response from best buy after a background check. Were you able to get the job?
  • Jan 3, 2010, 09:48 AM
    helpmeplease00
    I need assistance, My father had some pending charges on him about 12 years ago in the state of ny. He has not been convicted of anything because he jumped bail and fled. Now fast fwd to today, I want to know what those charges are and if they are still active. I can not seem to find anything but I do not know where to search any suggestions?
  • Jan 3, 2010, 09:59 AM
    excon
    Quote:

    Originally Posted by helpmeplease00 View Post
    He has not been convicted of anything because he jumped bail and fled. Now fast fwd to today, I want to know what those charges are and if they are still active. any suggestions?

    Hello helpme:

    The charges haven't changed. There are just more of them since he fled. There is a warrant out for his arrest and it will never go away. If I were him, I wouldn't use my own name or ID when applying for work.

    excon
  • Jan 3, 2010, 10:02 AM
    helpmeplease00

    Well the thing is he is not in this country and even thought the charges will still stand today I want to k now exactly how serious they are and everything else but I do not know how to go about it. Im in my twenties and have no answers as to my fathers status it sucks
  • Jan 3, 2010, 10:35 AM
    JudyKayTee

    If he never responded to the charges they are still open. If warrants were issued they still exist (warrants never die).

    Either get a notarized letter of permission from your father and take that to the Police Station and ask about open warrants/charges OR retain an Attorney who can accomplish the same thing.

    And I'm in NY.

    Your father should know how serious the charges are. Doesn't he know what he was charged with? If he was out on bail chances are the charges are serious or at least serious enough to cause him to jump bail and flee.
  • Jan 3, 2010, 10:36 AM
    excon

    Hello again, help:

    Well, I don't know what the charges were in the first place. Whatever they were, they still are. The additional charges have to do with him leaving. If he comes back, they'll most likely be dropped, and he'll only face the original charge.

    That is if he comes back on his own. If they catch him, it will be a lot worse. So, I don't know what he wants to do. You didn't say. If he stays out of the country, he could be safe... But, who knows? Anything can happen.

    The only way you're going to find out information about his case is through a lawyer. In fact, he needs one, in order to arrange for his self surrender.

    Let me know what he wants to do..

    excon
  • Jan 3, 2010, 10:38 AM
    excon
    Quote:

    Originally Posted by JudyKayTee View Post
    Either get a notarized letter of permission from your father and take that to the Police Station

    Hello Judy:

    That COULD put her in jeopardy for a charge of obstruction of justice... If she communicates with the cops, it should ONLY be done through a lawyer.

    excon
  • Jan 3, 2010, 10:49 AM
    JudyKayTee
    Quote:

    Originally Posted by excon View Post
    Hello Judy:

    That COULD put her in jeopardy for a charge of obstruction of justice... If she communicates with the cops, it should ONLY be done through a lawyer.

    excon


    How do you see an obstruction charge? Glad to learn if I'm missing something.
  • Jan 3, 2010, 10:59 AM
    excon
    Quote:

    Originally Posted by JudyKayTee View Post
    How do you see an obstruction charge? Glad to learn if I'm missing something.

    Hello again, Judy:

    If she goes to the cops, they're sure to inquire as to his whereabouts. If she doesn't tell them, then whose to say what they'll do? I suppose they COULD just wave at her as she walks out the door. But, I don't think cops act like that.

    excon

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