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? asked in Politics & GovernmentLaw & Ethics · 3 months ago

Can you fail a checkr background check if you have a pending charge?

I am trying to work with instacart. I have a pending ticket for speeding and reckless driving. So I havent been found guilty for the charge so for all they know im innocent.. I dont go to court for 4 months. they use checkr background services for background checks and I got a letter from them saying my background check has not been cleared.. they need me to provide evidence for rehabilitation for this charge.. what do they want me to show them so I can pass? How can they not pass me for a charge im not guilty of yet anyway? It seems a bit unfair to judge someone for something they arent guilty of that hasnt had a fair chance in court. 

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  • Anonymous
    3 months ago

    ask them?  maybe a defensive driver course?

    they can fail you because they are a private company and can choose to count pending charges, especially with court dates far away (i assume due to covid).

    its not unfair because they can be sued if you drive recklessly and cause an accident.

  • ?
    Lv 4
    3 months ago

    Only charges that result in conviction end up on a record that will be seen by anyone doing a background check on you so, no, your charge won’t show up since it is only a charge until you go to court and either get convicted or acquitted. After you go to court it will show up if you are convicted. If it gets dropped your record will be clear when checked as long as you aren’t convicted of anything in the future. When you go to court try to get it thrown out in return for going to defensive driving classes so this won’t ding you later.

  • Anonymous
    3 months ago

    Yes, it's at the prospective employer's discretion.  They want you to show them what steps YOU'VE taken to solve the problem, the problem appearing to be speeding and reckless driving.  Usually this involves you voluntarily going to traffic school, defensive driving school, anger management classes, whatever the reason the Police charged you with speeding and reckless driving.  Speeding may not be an issue.  Reckless driving IS an issue.  How can they not pass you?  If there is another candidate with equal qualifications, why would they pick you who might go to jail for these offenses?  Think about it.  They hire you, train you, you are found guilty which means you can't clear a background check OR you are found guilty and sentenced to do time.  It's only unfair if there is absolutely NO basis for the charges - for example, it wasn't you, you weren't there, something else.  Are you aware that if you have a professional license and are charged with reckless driving you can lose that professional license?

  • 3 months ago

    Every state is different, but in my state you can take what is called a 'Stop Class' and then it clears the violation from your record.  If your state offers one, it's sometimes a day long or so defensive driving class, there should be a number to call on the back of your ticket where you can ask questions about any such class in your area.

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