Pending charge showing on background check for jobs

[Nique0122]

What is the name of your state? What is the name of your state? North Carolina

I have applied for jobs and on each background report is is showing a pending misdemeanor charge for Communicating Threats from Over a year ago. I have never been served a warrant or approached by an officer or anything. I was only made aware of this due to applying for jobs. I feel like it is a false report from my sisters ex, During the break up we exchanged words and I guess she wanted to prove a point because there were no threats... we barely talked before then and haven’t spoken since. Anyway, is this a warrant? Can someone just go to the police station, file a report and it show on my record even though I’ve never been arrested or anything? How should I move forward? I’ve never had any legal issues and this whole thing is scary and has ruined job opportunities.

 

[quincy]

What is the name of your state? What is the name of your state? North Carolina

I have applied for jobs and on each background report is is showing a pending misdemeanor charge for Communicating Threats from Over a year ago. I have never been served a warrant or approached by an officer or anything. I was only made aware of this due to applying for jobs. I feel like it is a false report from my sisters ex, During the break up we exchanged words and I guess she wanted to prove a point because there were no threats... we barely talked before then and haven’t spoken since. Anyway, is this a warrant? Can someone just go to the police station, file a report and it show on my record even though I’ve never been arrested or anything? How should I move forward? I’ve never had any legal issues and this whole thing is scary and has ruined job opportunities.

You can contact the law enforcement agency to find out the status of the charge (or you can have an attorney do this for you).

If what appears on your background check report appears there in error, you can contact the background check company with proof/evidence of the error. The background check company must remove erroneous information.

 

[FlyingRon]

No, people can't go to a police station and enter things in your background check. The pending charge means that the police and the DA at least started the process of charging you with the crime. The first thing you'll need to make sure the charges a really aren't pending, the DA can formally nolle prosequi the ones that they've decided not to pursue. That SHOULD get rid of them being "pending." The problem is they'll still likely show until you expunge them once nolle prosq'd it's just paperwork to do this.

 

[quincy]

It is also possible (even if perhaps not probable) that the pending charge that appears on the background check reports was a data entry error - and that the pending charge is for someone else entirely.