Do Pending Charges Show Up on a Background Check?

When seeking employment or undergoing a screening process, you might wonder, "Do pending charges show up on a background check?" The answer varies based on several factors, including your location. A background check reviews your history, encompassing criminal records, job history, education, and other details that assist employers in making informed decisions.

Whether pending charges appear on a background check depends on the type of check, state laws, and the agencies involved. Some states prohibit reporting pending charges, while others allow it. Understanding your local laws and rights regarding background checks is crucial. Lets learn more about pending charges first.

What Are Pending Charges?

Pending charges are criminal accusations that have not yet been resolved in court. These charges appear after an arrest when prosecutors formally accuse someone, but before the case is dismissed, settled, or decided by a trial. A pending charge does not mean someone is guilty; it means the legal process is still underway.

Common pending charges include misdemeanors like DUI, petty theft, or simple assault, and felonies such as drug possession, burglary, or fraud. Each type affects background checks and job prospects differently. Pending charges remain active until the court makes a final decision.

Pending charges can affect job opportunities, housing applications, and professional licenses. While they are not convictions, many employers and organizations still consider them during screenings. Understanding pending charges helps employers and job seekers handle the background check process better. For more information on how to manage these situations, check out our Social Media Background Screening services.

Do Pending Charges Show Up on a Background Check?

Most background checks reveal pending criminal charges, but visibility depends on several factors. Different background checks provide varying details. Some show only convictions, while others include pending charges, arrests, and dismissed cases.

County-level checks usually display pending charges first and are often the most accurate. State and federal checks might take longer to update and could miss recent charges. Employment background checks often include:

• Basic criminal history checks
  
  
• Comprehensive criminal record searches
  
  
• Multi-jurisdictional searches
  
  
• Federal criminal searches
  
  

State laws significantly affect what appears on background checks. For example:

• California reports all pending charges
  
  
• Arkansas reports only pending felony charges
  
  
• Some states do not report arrests without convictions
  
  

The severity of the charge also matters. Felony charges are more likely to appear than misdemeanors. Some employers search for specific charges relevant to the position. Understanding these differences can help job seekers prepare for the background check process.

Can Background Checks See Pending Charges in All States?

Not always. While most states allow pending charges to be visible during background checks, some limit how this information is used or disclosed, especially in hiring. The visibility of a pending case depends on the kind of check being run, the type of job, and state-specific privacy or employment laws. Some states also have time limits on how long pending charges can be reported if the case has not moved forward.

What States Prohibit Pending Charges on a Background Check?

A handful of states place legal limits on whether employers can access or use pending charges during the hiring process. Here's a breakdown:

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California: Employers can’t consider arrests that didn’t lead to conviction unless directly related to the job.

New York: Pending charges can only be considered if relevant to job duties or safety.

Illinois: Only convictions can be considered. Arrests and pending charges are excluded.

Hawaii: Employers may only consider felony convictions within the last 7 years. Pending charges are not reportable.

Massachusetts: Only pending felony charges can be considered, not misdemeanors or arrests.

In these states, using pending charges in hiring decisions could violate fair hiring laws. Employers operating in multiple states need systems that adjust to local legal limits.

Can Pending Charges Affect Employment?

Yes. Employers may view pending charges as a liability, especially in industries involving trust, safety, or financial access. Even if the candidate hasn’t been convicted, the presence of open legal matters can raise red flags during screening. Employers might delay hiring decisions until the charge is resolved or choose another candidate to avoid potential risk. However, using pending charges unfairly or inconsistently can lead to legal trouble, especially if it's against state law.

How Long Do Pending Criminal Charges Take to Resolve?

It depends on the court system and the nature of the charge. A misdemeanor might be resolved in 3 to 6 months, while felony cases often take 6 months to over a year. Delays can be caused by court backlogs, attorney availability, or other legal procedures. In some situations, a person could have charges pending for years before any resolution, making this an ongoing issue in job applications and background checks.

How to Check for Pending Charges on an Employee

If you're an employer conducting a background check, there are several ways to determine whether a candidate has pending charges:

• Search local court records under the applicant’s name. Many county court systems offer searchable online databases.
• Use state-level background check services, often available through law enforcement or state justice department websites, to access public criminal records.
• Partner with a professional background screening provider like GoodHire or Checkr, which can deliver comprehensive reports, including pending charges where legally permitted.
• Order an FBI fingerprint-based background check, which provides access to federal and multi-state criminal records, including pending cases.
• Work with a legal advisor or compliance consultant to confirm whether charges are pending and to ensure any use of this information follows local and federal laws.

Having a clear and legal process to identify pending charges helps reduce risk and ensures your hiring decisions are both fair and compliant.

Pending Charges and Background Checks: What Employers Should Know

Employers need to be careful when handling cases where charges are pending. Here’s what matters:

• Pending charges aren’t proof of guilt. Use caution in judgment.
  
  
• Understand your state laws some strictly limit the use of pending cases in hiring.
  
  
• If considering pending charges, document your reasoning clearly.
  
  
• Apply policies consistently across all candidates to avoid discrimination claims.
  
  
• Use a qualified background check company that adjusts to different state rules.
  
  

Failing to follow these steps can lead to compliance issues and damage to your company’s reputation.

Why Social Media Screening Matters: Meet Phyllo

Pending charges only tell part of the story. To really understand a candidate, more context is needed especially in how they behave online. That’s where Phyllo comes in. As one of the best pre-employment social media screening companies, Phyllo helps employers go beyond criminal records by analyzing public online content across social media platforms.

Phyllo provides:

• Insights into how someone communicates and represents themselves online.
  
  
• Behavioral flags that might suggest future issues in team settings.
  
  
• Compliance-focused reports that respect data privacy laws.
  
  
• Contextual screening that adds real meaning to a background check.
  
  

Phyllo integrates easily into the hiring process and gives hiring teams a fuller, smarter view of who they’re considering something pending charges alone can’t offer.

Conclusion:

Pending charges are often a gray area in employment background checks. They show up in many reports, can affect hiring decisions, and are handled differently depending on the state. Whether you're a job seeker trying to understand your record or an employer navigating legal risk, it’s essential to know how pending charges work.

Understanding the law is just one part of smart hiring. Background verification tools like Phyllo bring a new level of insight by adding social screening to the process, helping companies make fairer, more informed choices.

Frequently Asked Questions (FAQs)

1. Can an employer deny you a job because of pending charges?

Yes, an employer may decide not to hire someone based on pending charges, especially if the charges are relevant to the job. However, some states restrict how this information can be used in hiring decisions.

2. How long do pending charges stay on a background check?

Pending charges stay on a background check until they are resolved either by dismissal, trial, or plea deal. Once resolved, the record may still appear depending on the outcome and expungement laws in that state.

3. Are pending charges the same as a conviction?

No. Pending charges mean the case is still open and has not been decided in court. A conviction only happens after a guilty verdict or plea.

4. How can employers legally check if an applicant has pending charges?

Employers can use licensed background check providers, search public court records, or request fingerprint-based reports through official channels, depending on state laws.

5. Can a person clear pending charges from their record?

No, you can't clear a pending charge until it's resolved. Once it's dismissed or concluded, a person may be able to petition for expungement depending on the jurisdiction.

6. Will a pending misdemeanor show up on a background check?

Yes. Even pending misdemeanors can appear on background checks if the case has been officially filed in court and the check includes criminal court records.

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