Do pending felony charges show up on a background check?
Administrative Law Lawyer
Yes, if the background check utilizes the data base maintained by the State Dept of Justice (Live Scan). Of course the data does not appear instantly -- there may be a lag in time.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
Criminal Defense Attorney
They will show up on your criminal history or rap sheet. If your concern is employment an employer may validly ask about pending charges but may not ask about arrests that did not lead to convictions or arrests that resulted in deferral programs.
DUI / DWI Attorney
It depends upon what type of "background check" you are talking about. Generally, any arrest is public record, so anyone who runs your name through the County's arrest record is going to see that you were arrested for and are now facing a felony charge. It will generally state the charge on your bond record, and this is often how people will find out what kind of matter you are facing. Obviously, there will not be any conviction on your record if you have not yet plead guilty, no contest, or been found guilty at trial.
So in short, generally, yes, people can find that you have pending charges against you IF they know where to look. I hope this helps you some.
IMPORTANT DISCLAIMER: Any information provided herein should NOT be solely relied upon without consulting an attorney who is licensed to practice in the jurisdiction of your legal matter. Although diligent effort is made to ensure the accuracy of the information contained herein, we cannot guarantee that the information is accurate in regard to your specific circumstances. No Attorney-Client relationship is formed by the use of any information found herein, or the submission of information via any form on this Website. The statements included in this website are intended to provide the reader with a basic understanding of the legal system. They are not intended to be solely relied upon as legal advice. In addition, because the law is constantly changing, we cannot guarantee the accuracy of any information provided herein, as it may not be fully current with all applicable law. ALWAYS consult an attorney regarding your individual circumstance.