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  1. #1
    Join Date
    Apr 2007
    Posts
    13

    Default Pending Charges, Background Check

    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employee, if I am granted the position I'm applying for barring a criminal background check and the offer is then rescinded, could it be contested?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.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Pending Charges, Background Check

    Quote Quoting lemontree
    View Post
    Could answering "no" to that question be interpreted as trying to "evade" the question?
    If I ask the question, "Have you been convicted of a crime" and you have not, it is accurate to answer "no".
    Quote Quoting lemontree
    Is it recommended to disclose pending charges before or after the background check?
    That depends upon factors including the nature of the job, the relevance of the charges to the job, what you expect them to find during the background check, and what might happen if you are convicted after your employment starts and they learn of the conviction.
    Quote Quoting lemontree
    Is it very likely that these charges will show up on a criminal background check?
    It depends upon the nature of the check. They would show up on a full criminal background check, but if the check is only for convictions as you say you haven't been convicted.
    Quote Quoting lemontree
    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)?
    For the most part, employers should only be considering convictions from the last seven years. Exceptions apply.
    Quote Quoting lemontree
    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?
    Honestly? If that's why they withdraw the offer, if there's any potential basis for liability you will never get them to admit it.

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