If you have been arrested or charged with a crime but your case has not been resolved, you may wonder do pending charges show up on a background check. The answer is sometimes yes, but it depends on the type of background check, the information available in the jurisdiction, the reporting agency, and applicable federal and state laws.
A pending criminal matter isn’t necessarily an arrest or conviction. Simply being arrested or charged doesn’t mean a person actually committed a crime. In fact, background-check information is subject to laws that may limit how it can be used. Here’s how you and your screening vendors should use criminal-record information responsibly.
Understanding do pending charges show up on a background check can help you prepare for an employment screening, while learning more about background checks and employment screening can provide useful context about what employers may review. This article explores how pending criminal charges are reported, what employers might see in your record, how state laws can influence your case reporting process, the outcome if inaccurate records get reported, and your options when an open court case lands on your criminal record.
What Is a Pending Criminal Charge?
Pending charges typically means that criminal charges have been filed but the case has not yet been completed. They may have been arrested and charged with a crime or perhaps have a date to appear for a court hearing. The case has not yet concluded.
When asking do pending charges show up on a background check, it helps to understand what it means for a case to remain unresolved. Reasons why a case is pending One of the most common reasons a background report would include pending legal information is the court or criminal justice system has not reached final adjudication of your case. For example, a case is considered pending for a number of reasons: You’re on the court docket, waiting for a trial date, pending a plea or pretrial hearing, or another reason that the matter has not been finalized. Length of time will vary from jurisdiction and circumstance.
What’s the difference between a charge and a conviction?
A charge is the accusation by the government. A conviction is when someone is declared guilty or accepts guilt according to legal processes, depending on the jurisdiction you’re located in. Why the background report can show a pending case but not a conviction The background report showsPendingLegal Cases for two reasons: Because there are two different types of record (legal cases that aren’t finalized, and records of conviction), they might be processed separately on your background report.
Can a pending charge appear on a background check?
When considering do pending charges show up on a background check, the answer is that a pending criminal charge can appear on certain background checks if the underlying court or criminal-record information is legally reportable and accessible. Whether it actually appears depends on the jurisdiction, the type of search performed, the quality of the records, and restrictions that apply to the screening process.
A basic identity verification or employment check may not provide the same information as a county courthouse search or a more extensive criminal-record search.
How Background Checks Find Criminal Cases
Background-screening companies do not all search exactly the same sources. The scope of a report depends on what the employer orders and what information is legally available.
Common sources can include:
- County and state court records
- State criminal-history repositories
- Federal court records
- Publicly available court information
- Records supplied or accessed through authorized databases
A database search can help identify records, but it is not necessarily the final word. Information may need to be verified against the appropriate court or government source.
Here’s why that’s important: Criminal databases might not have complete, up-to-date, or properly identified information. Therefore, a screening company might have to ask for another way to see if it is the correct criminal record that they are going to be using.
Why the type of check matters
A search of a national criminal database, for example, does not automatically equal a direct search of each county courthouse in which an individual has lived. One search does not produce a result identical to another search.
An employer purchasing restricted screenings will not receive the same data as an employer purchasing comprehensive screenings.
Language in the report will also vary. For example, a pending court case might be listed as open, pending disposition, pending charges or a similar term used only in that jurisdiction.
Do Pending Charges Show Up on an Employment Background Check?
A criminal record will usually be reflected in employment screening reports. For this not to happen, your criminal history needs to be expunged, or else the employer needs to order the criminal history check only without court records of the case in which criminal action are being conducted.
Employment screening report for case to be unresolved instead of convicted is not ideal. The report should reflect the nature of the stage of a criminal process. A pending and unresolved prosecution may create an impression that the crime has resulted in such pending issue and the blamed person is guilty even in the eyes of the criminal legal system.
When considering do pending charges show up on a background check, employers also need to consider applicable laws when using criminal-record information in hiring decisions. Rules can be imposed at various governmental levels-federal, state, and local-and by your industry that limit an employer’s right to inquire into or use criminal information.
Several states have adopted fair chance hiring laws that can affect when and how employers may ask about or consider criminal-record information during the hiring process. This means that certain rules dictate when and if your employer can ask anything about criminal behavior or perform certain types of checks.
As you might imagine, not all laws that impact the workplace are the same.
Pending Charges vs. Arrests vs. Convictions
These terms are often confused, but they describe different stages or types of criminal-record information.
| Record type | General meaning | Possible appearance on a report |
| Arrest | A person was taken into custody or arrested | May appear depending on the record and applicable law |
| Criminal charge | Prosecutors or authorities formally accuse someone of an offense | May appear if legally reportable and included in the search |
| Pending case | The criminal matter has not reached a final disposition | May be listed as an open or pending case |
| Conviction | The person was found guilty or pleaded guilty | Often reported subject to applicable restrictions |
| Dismissal | The case was dismissed without a conviction | Treatment varies by jurisdiction and screening rules |
| Acquittal | The person was found not guilty | Reporting and treatment depend on applicable law |
This is particularly relevant for ongoing cases. For instance, one should not assume pending matters will be handled like convictions, and likewise, an employer should not assume every arrest constitutes a crime. Legal and other relevant aspects apply to your case.
What Factors Determine Whether a Pending Charge Appears?
Several factors can affect whether an unresolved case is included in a background report.
The jurisdiction
Criminal records are maintained under different state and local systems. Rules governing access, reporting, sealing, expungement, and record retention can differ significantly.
A case that appears in one state’s publicly accessible court system may be handled differently elsewhere.
The type of screening
An employer may request a basic criminal-history search, a county-level court search, a federal criminal search, or another combination of screening services.
The broader the search, the more potential sources may be reviewed, although broader does not automatically mean more accurate.
The age of the record
Some jurisdictions impose restrictions concerning how older criminal information can be reported or considered. Federal rules can also affect consumer reports used for employment purposes.
The applicable time period can depend on the type of record and the law governing the report.
Whether the record is public
A pending case may be easier to identify if the relevant court record is publicly accessible. Sealed or otherwise restricted records may not be available to ordinary background-screening searches.
Accuracy of the record
Even when a case should appear, errors can occur. A database could contain incorrect identifying information, an outdated status, or a record belonging to another person with a similar name.
That is why verification is an important part of responsible background screening.
How Long Can a Pending Charge Stay on a Background Check?
Not quite. Most cases will stay active on a report as long as the case is ongoing and the information is legally reportable. Once a final resolution is made by the courts, the record can be updated to indicate that closure.
An example of a resolution could be a conviction, dismissal, or diversion program, among several other options.
These results are often able to be reported differently. Laws concerning what can and cannot be reported vary from state to state; some states will not report certain records beyond specific timeframes, while some also have other rules for employers and consumer reporting agencies.
What If a Background Check Reports an Incorrect Pending Charge?
Errors deserve prompt attention, especially when a report could affect employment.
For example, perhaps you had an open criminal case, but that case had already been dismissed. In another example, it might have been an open criminal case against someone who was using a similar name. In one, or both of these cases, these might be items to further investigate.
When considering do pending charges show up on a background check, it is also important to understand the role of the Fair Credit Reporting Act (FCRA) and the requirements that can apply when consumer reports are prepared and used for employment purposes.
Under the federal FCRA, a consumer reporting agency is regulated when it prepares a consumer report on an individual and uses any consumer reporting service to get a report that will be used for consumer purposes (a consumer purpose includes employment purposes).
A background report may be an FCRA-regulated report if it’s prepared by an agency’s consumer reporting service. If you see what seems to be the wrong information in a consumer report, be sure to find out precisely what you’re supposed to complain about-get some relevant court documents to help you -and then see how to file your dispute with the appropriate agency.
Keep documentation
Useful documentation may include:
- Court disposition records
- Dismissal paperwork
- Expungement or sealing orders
- Identification documents needed to distinguish you from another individual
- Correspondence concerning a correction
The exact documentation required depends on the nature of the error and the agency handling the dispute.
Can an Employer Reject You Because of a Pending Charge?
A Pending Charge Can Matter Some Pending Charges: Can have an impact on whether to hire someone, however, an employer doesn’t have free rein to do whatever they like with your criminal-record. The legal reasoning behind those decisions will always depends on the kind of work you’re applying for, where the work is located, the criminal offense, any nexus between criminal background record and job , federal laws, state laws as well as local regulations. Your employer has obligations under federal discrimination laws in addition to the criminal record information they take into consideration.
It may be illegal for companies to reject any candidate on the basis of a previous crime no matter other qualifications and circumstances of alleged crime.
There can be new laws in location for positions related to any kind of public interaction including children, elderly, impaired, finance, safety-sensitive, transportation, occupational licensure, and more. The recommended strategy by an employer is to adhere to laws for the unique position as well as geographic areas instead of a generic principle regarding pending issues.
What Happens If an Employer Uses a Background Screening Company?
If an employer obtains a consumer report for employment purposes, federal law can impose specific requirements on the employer and the consumer reporting agency.
When considering do pending charges show up on a background check, it is also important to understand the employer’s responsibilities when obtaining and using certain screening reports.As a general matter, the employer must give proper disclosure and receive permission to access certain types of employee background reports. Moreover, if the employer plans to use the report as the basis for some adverse action, specific procedures must be followed. The purpose of those procedures is, in part, to give the applicant a chance to discuss information in the report if it is not accurate.
If you have received a letter telling you an employer may take adverse action as a result of a background report, carefully review the documents you received from the employer and background reporting service.
The report itself and your notices from the employer may provide detailed information about the reports’ findings and the actions you can take.
Should You Explain a Pending Case to an Employer?
Disclosure Whether you are legally required or permitted to reveal ongoing cases is fact-specific and also involves questions about exactly what type of history you’re supposed to share with a potential employer. Don’t just disclose criminal convictions because you are afraid of him or her find it. The first question for you to consider: Was he/she asking for criminal history?
Is he/she allowed to ask such a question?
According to the governing law, do you have to disclose criminal convictions? Where disclosure has been mandated: Ensure the information provided is as simple as possible. Avoid using exaggerations, understatements or claims that may be contradicted by facts of record. “I have an ongoing criminal case;” and, where and if applicable, “[i]t currently has not reached a conclusion” (as you are legally permitted to say without fear of perjury on the grounds of the ongoing status of the case). 18th Judicial Circuit of Florida 46 For in-depth cases involving job opportunities or professional licensing, the legal counsel knowledgeable of jurisdiction might offer greater assurance than general guidance obtained from online sources.
Common Mistakes to Avoid
Many individuals make matters worse because they believe all background checks run the exact same way. A common error in thinking includes that an arrest demonstrates guilt. An arrest and conviction differ legally.
In addition, one may make the mistake of thinking a case will just go away due to not yet being convicted.
The associated records may still appear until legal resolution. It is also a mistake to ignore damaging, erroneous information; if a false finding will play a role in a hiring decision, further delay will make it more difficult to fix it before an expiration date is in sight. If you are ever asked a question you need not answer truthfully or any record that may not be legally required to be divulged, it would be wise to check the laws of the particular jurisdiction.
What Should You Do Before a Background Check?
Forewarning You May Find The Preparation Helps Avoid Surprises If You Are Aware of An Existing Criminal Case at the outset, you can begin your preparation by getting an accurate picture of the situation. The court where the case was filed or government entity involved should be able to confirm the case number, current status, the charge or charges, and when the next court date is set, if there is one. It also would be prudent to verify if recent changes to the case have been made.
There may be a lag time before changes register in court records, and an accurate printout can prevent misunderstandings if you should obtain outdated information later.
If you are to be reviewed for job purposes requiring a background check, carefully examine the employer’s disclosures and authorization form and notice for the type of information being requested and when it may be needed. Legal Assistance If you’re case is legally intricate and/or if you live in several jurisdictions, or the case impacts a professional license, you’ll want to get help from a qualified lawyer.
When Should You Get Professional Help?
Most people can review basic background-check information themselves, but some situations are more complicated.
Consider speaking with an attorney if:
- A background report contains serious inaccuracies.
- You believe a sealed or expunged record was improperly reported.
- An employer is threatening adverse action based on questionable information.
- You are unsure whether you must disclose a pending case.
- The case involves multiple states or jurisdictions.
- Your job requires professional licensing or a security clearance.
- You believe the employer or screening company violated applicable law.
The goal is not simply to make a record disappear. It is to ensure that legally relevant information is accurate, properly reported, and handled according to the rules that apply to the situation.
Final Takeaway
So, do pending charges show up on a background check?They can, but there is no universal rule that guarantees they will or will not appear. That’s an oversimplified statement because many factors can affect the result, including the type of screening, jurisdiction, accessibility and accuracy of court records, the age or status of the case, and applicable background-check laws.Most importantly, just having a pending charge on your record should never be equal to having been found guilty.
If a prospective or current employer finds out something inappropriate in your employment report then go in to your review and make a timely claim or challenge to dispute what you find inaccurate or outdated. If you need legal clarification concerning specific situations with complex legal nuances, seal documents or for purposes concerning the possibility of adverse employment practices or licensing decisions consult with an attorney to fully comprehend your legal options and obligations.
FAQs About Pending Charges and Background Checks
1. Can pending charges appear on a background check?
Yes. An unresolved criminal charge may appear on a background screening report if the screening service searches relevant court or criminal records. Depending on the record system, the case may be described as pending, active, open, or awaiting a court decision. A pending charge should not be presented as a conviction because the case has not yet reached a final outcome. Reporting rules can also vary under federal, state, and local laws.
2. Is a pending charge considered a criminal conviction?
No. A pending charge means that the legal case is still in progress and has not been resolved by the court. It is legally different from a conviction, dismissal, acquittal, or other final disposition. If the information appears on a background report, the status should accurately reflect that the matter remains unresolved rather than suggesting that the individual was found guilty.
3. How long can a pending charge remain on a background check?
The length of time criminal information can be reported depends on the type of record, the circumstances of the case, and applicable federal and state laws. Under the federal Fair Credit Reporting Act (FCRA), certain arrest-related information is generally subject to a seven-year reporting period, although exceptions may apply. State laws can impose additional restrictions, so reporting periods are not necessarily identical everywhere.
4. Can an employer find out about a pending criminal case?
Potentially, yes. If the case is legally reportable and the employer’s screening process searches the appropriate court records, an unresolved case may appear. Employers must comply with applicable laws when obtaining and using criminal history information. Requirements can differ based on the state, locality, type of job, and circumstances surrounding the record.
5. Can a dismissed charge still appear on a background screening report?
Yes, it may. A dismissed case can remain visible in certain public court or record systems unless it has been sealed, expunged, or otherwise restricted. Whether an employer can receive or use that information depends on the jurisdiction and applicable regulations. A dismissed charge should also be clearly identified as dismissed rather than being reported as an active case or conviction.
6. Could a pending charge cause an employer to reject a job application?
A pending charge does not automatically prevent someone from being hired. Employers may have legal obligations governing how criminal history is evaluated, and the rules can vary by jurisdiction and position. In some situations, employers may need to consider the relationship between the record and the job rather than applying an automatic exclusion to everyone with a pending case.
Conclusion
A pending criminal charge may appear during a background screening if the relevant records are available through a searchable database or court-record system. The key distinction is that an unresolved charge is not the same as a conviction. If reported, the case should accurately show its current status, and federal, state, and local laws may determine whether the information can be reported or used in an employment decision.
Before a background check, it can be helpful to review your available criminal records and understand the laws that apply in your state. If a report contains inaccurate information—for example, if a pending case is incorrectly listed as a conviction, an outdated status is shown, or the record belongs to another person—you may have rights to dispute and correct the information.
Understanding the difference between an arrest, pending charge, dismissed case, acquittal, and conviction allows you to provide accurate information and better understand what a background screening report actually means.
