My question involves a background check in the State of: Texas.
I have charges for a class B misdemeanor (theft, 50$<500$), and a class C misdemeanor (possession of drug paraphernalia) pending. I have yet to go to court; my attorney is saying there's a high likelihood of getting the charges dismissed due to my otherwise clean record.
My question concerns whether or not these charges can be held against me when employers perform background checks. I understand a significant portion of the requests employers make include the term "conviction" and NOT charge - were I to be presented with such a question, I feel I can legally say that I have not been convicted ('cause I haven't).
Otherwise, I have a few questions:
Could answering "no" to that question be interpreted as trying to "evade" the question?
Is it recommended to disclose pending charges before or after the background check? I have no qualms discussing the crimes I'm charged with, but I do not want to draw unnecessary attention to them.
Is it very likely that these charges will show up on a criminal background check? And, if so, in the state of Texas, can employers legally hold CHARGES against a potential employee (it seems as though they shouldn't be able to - anyone can be charged, and it proves nothing except that someone charged you)?
Assuming that employers in Texas cannot hold charges against a potential employee, if I am granted the position I'm applying for barring a criminal background check and the offer is then rescinded, could it be contested?
Thank you for your time.