Do Pending Charges Show Up on a Background Check?

Ever applied for a job or an apartment and suddenly thought, “Wait, will those pending charges show up?” You’re not alone. Background checks can feel like stepping into a spotlight, especially when you’re unsure what’s going to be revealed.

Let’s break it down, clarify the confusion, and help you navigate this tricky topic with confidence.

What Are Pending Charges?

Definition of Pending Charges

Pending charges mean someone has been formally accused of a crime, but the legal process hasn’t been completed. It’s in limbo—no conviction, but not dismissed either.

Difference Between Pending and Convicted Charges

• Pending: Case is open, not resolved.
• Convicted: A final judgment has been made (guilty).
  Pending isn’t the same as guilty—but it can still cause issues.

Do Pending Charges Show Up on a Background Check?

The Short Answer

Yes, they often do.

How and When Pending Charges Appear

When background checks dig into court records, pending charges can pop up—especially if they’re recent. If the charge has been filed but not finalized, it may show as “pending” or “awaiting trial.”

Varying State Regulations

States That Allow Disclosure of Pending Charges

Most U.S. states do allow background checks to include pending charges.

States That Limit or Ban It

Some states, like California and New York, have more protective laws:

• New York: Employers can’t ask about arrests or charges that didn’t lead to conviction.
• California: Only convictions may be reported for most positions.

Employment Implications of Pending Charges

Can You Be Denied a Job?

Unfortunately, yes. Employers may see pending charges as red flags, even without a conviction.

Employer Policies and Risk Tolerance

Some companies follow strict policies. Others evaluate on a case-by-case basis. It depends on:

• The nature of the job
• The relevance of the charge
• Company policies

What Employers Can See

Arrests vs. Convictions

Pending charges = more than an arrest, less than a conviction. But many employers treat them seriously.

Time Limits and Lookback Periods

Some background checks have a 7-year lookback period, but pending charges are recent, so they’ll usually be visible.

Ban-the-Box Laws and Fair Hiring Practices

What is Ban-the-Box?

It’s a movement to remove the criminal history question from job applications. The idea is to delay background checks until later in the hiring process.

How It Affects Background Checks

Even in Ban-the-Box states, employers can still run checks—just after an initial interview or conditional offer.

How to Handle Pending Charges on a Background Check

Being Honest with Potential Employers

If you know it’s going to show up, it’s often better to explain it upfront. Transparency can help reduce the shock factor.

Seeking Legal Advice

Consult an attorney. You might be able to negotiate, dismiss, or delay charges in a way that affects your background report.

Clearing Your Record

Some pending charges can be sealed or expunged once resolved—especially if dismissed.

Sealing or Expunging Pending Charges

What is Expungement?

Expungement means the charge is erased from your record like it never happened.

Eligibility and Process

Depends on your state. Usually involves:

• Petitioning the court
• Meeting eligibility criteria
• Attending a hearing

Background Check Reports Explained

How Background Reports Are Structured

• Personal identifiers
• Criminal history (including pending charges)
• Employment, education, and references (for jobs)

Who Gets Access to What

Access is based on who’s requesting it:

• Employers get work-related info
• Landlords get tenant-related info
• FBI gets the full picture

Rights of the Individual

Right to Dispute Inaccurate Reports

You have the legal right to dispute anything false or outdated. 

How to Request a Copy of Your Report

By law, you can get a free copy from the screening company if:

• You’re denied a job or rental
• You request it within 60 days

Conclusion

Pending charges can show up on background checks—and often do. While it doesn’t mean you’re guilty, it can still impact jobs, housing, or loans. Understanding your rights, knowing your state laws, and being honest when it matters can help you navigate the system more confidently.