Do pending felony charges show up on a criminal background check in regards to getting an apartment?

Asked almost 3 years ago - Denver, CO

Want to get an apartment but being charged with a felony in the process of dismissing the charges but not certain if this will show when they run the criminal background check for the apartment.

Attorney answers (8)

  1. Clifton L Black

    Contributor Level 12

    Answered . Yes, the mere fact that you were charged is likely to show up in a criminal background check.

  2. Jonathan S Willett

    Contributor Level 9

    Answered . Hello-

    Criminal records in Colorado are compiled based upon arrests. Consequently if you were arrested for the offense it will likely show up. The best way to check is to logon to the Colorado Bureau of Investigation or the CoCourts.com websites where you can search your records for about a $6 charge.

    Jonathan S. Willett
    Attorney at Law
    1331 17th Street, Suite 608
    Denver, Colorado 80202
    (303) 832 -5648
    jwillett@willettlaw.net

  3. Stephen Clark Harkess

    Contributor Level 20

    Answered . A background check with the CBI will pull up arrest reports. Therefore, most arrests will appear regardless of whether the charges are still pending or even if they have been resolved.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more
  4. John Kenneth Pineau

    Pro

    Contributor Level 7

    Answered . I'm more interested in your pending felony. I assume you have a lawyer on that because it is very unlikely it will be dismissed even with counsel. If you do have a lawyer, they will be able to advise you about what will show on your background check. If you don't have a lawyer for your felony, you need one ASAP.

    Good Luck!

    Respectfully,

    John Pineau
    303.440.4444

  5. V. Iyer

    Contributor Level 15

    Answered . Generally all arrests and pending court actions do show up in any criminal background check but it will also show the status. It also depends on how extensive the request is for the background check. You may want to wait it all chages in that case are dismissed and then seek to seal that record. I am assuming that this is a straight dismissal if all charges in that case and is not part of a plea bargain in another case. If so, you may not be able to seal such dismissal. You may want to consult with an experienced criminal attorney to help you with a sealing or whether or when you can seal and under what conditions. Remember, there is no constitutional right to sealing of criminal records and therefore you will have to comply and meet all of the conditions to be eligible for sealing of criminal records.

  6. Joseph Scheideler

    Contributor Level 9

    Answered . Yes, it will probably show up and hurt your chances for jobs and other benefits. Once dismissed you should file to SEAL the record.

  7. Mary E. McCluskey

    Contributor Level 10

    Answered . A background check costs $6.85. The computerized criminal history (CCH) database contains detailed information of arrest records based upon fingerprints provided by Colorado law enforcement agencies. Arrests which are not supported by fingerprints will not be included in this database. - CBI

    Legal Disclaimer: I am not your attorney. The only method of establishing an attorney client relationship with me is by a paying an advance fee deposit and signing a fee agreement signed with me, which is not offered via this site. A response to your inquiry from the MCCLUSKEY LAW OFFICE does not bind the MCCLUSKEY LAW OFFICE to represent any person or any entity. Representation only begins after a Written Fee Agreement is fully executed and the agreed-upon deposit is paid in full.

  8. Douglas A Thomas

    Contributor Level 12

    Answered . The answer depends on the Database your apartment or its vendor uses to do the search. As almost all the other answers point out, any vendor that directly or indirectly accesses CBI will find arrests, not just convictions. Some Databases search court records as opposed to CBI records, most likely they will also find your case if charges were filed. The City and County of Denver does not report its cases to certain court databases, but all other courts do. The City is working on fxing this problem. It's possible, but not likely, the database your apartment uses will not find your arrest. Keep in mind that even if the charges are dropped, the arrest will remain on a CBI report. Simply because the charges are dismissed, doesn't make the arrest vanish from these databases. The question is whether your potential landlord bases its decisions on convictions or arrest. Read the application carefully.

    Answering this quetion does not establish an attorney client relation. The answer is for educational purposes only.... more

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