Yes, pending criminal charges can appear on some employment background checks.
But whether they appear—and whether an employer may consider them—depends on the type of search, the jurisdiction, state and local law, the employer’s policy, and the status of the case.
A pending charge is not the same thing as a conviction.
The short answer
GoodHire’s criminal-screening overview says some searches may report pending criminal cases. That is a description of possible provider results, not a rule that every pending case appears on every report.
That does not mean every pending charge is reportable in every state or usable by every employer.
What Is a Pending Criminal Charge?
A pending charge generally means a criminal case has not reached a final disposition.
The final result may later be:
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conviction;
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acquittal;
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dismissal;
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diversion;
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deferred resolution; or
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another outcome.
Until the case is resolved, do not describe it as a conviction unless that is actually the disposition.
Why Can Pending Charges Appear?
Criminal background checks may search current court records.
If the court record shows an open criminal case, a screening company may potentially report it when legally permitted and when it falls within the employer’s requested screening scope.
The fact that information is available in a court file does not automatically mean every consumer reporting company may report it in every employment context.
Are Pending Charges Treated Like Convictions?
No.
A conviction is a final criminal disposition. A pending charge is unresolved.
The EEOC distinguishes arrests from convictions and warns that an arrest itself does not establish that criminal conduct occurred.
Pending charges can involve more context than a bare arrest record because formal charges and an active case may exist, but they still are not a conviction.
Can an Employer Reject You Because of a Pending Charge?
There is no single nationwide answer.
Some jurisdictions limit employer consideration of pending charges or require specific job-related reasoning. Other laws may permit consideration in defined circumstances.
Federal employment-discrimination law may apply to criminal-history screening practices, and the EEOC’s currently posted job-seeker resources discuss the relationship between a record and the particular job. Specific employer restrictions depend on the facts and applicable law.
What If the Charge Is Later Dismissed?
If a pending case later becomes dismissed, the background report should not continue describing it as pending indefinitely.
If an older consumer report is inaccurate or incomplete:
- obtain the report;
- identify the outdated case status;
- obtain official disposition records where available;
- dispute the information with the consumer reporting company;
- check whether the underlying public record has been updated.
How Long Can Pending Charges Be Reported?
This is legally sensitive.
Federal FCRA Section 605 contains time limits for certain adverse information, including records of arrest, with exceptions for specified employment situations. State laws may impose additional restrictions.
Do not rely on a simplistic answer like “pending charges disappear after seven years.”
How Far Back Does a Criminal Background Check Go for Employment?
What If a Pending Charge Appears Under the Wrong Person?
Potential warning signs:
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middle name does not match;
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birth date differs;
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county/state is unfamiliar;
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charge details are unrelated to you;
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duplicate cases appear;
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record belongs to someone with a similar name.
HireRight explains that mistaken identity can occur because public court records may contain names and dates of birth without Social Security numbers.
If the record is not yours, dispute it promptly.
What Should You Do Before an Employment Background Check?
- Identify the official status of the case.
- Review the court docket or obtain case documentation.
- Read the employer’s criminal-history question exactly as written.
- Check state and local fair-chance rules.
- If a third-party report is generated, review it for accuracy.
- Respond truthfully if the employer asks for information you are legally required to provide.
A pending case is not a conviction; do not guess about the outcome or change your account of the facts to fit a background-check question.
For an active case or a legal disclosure question, rely on qualified legal advice and the exact employer/provider instructions—not a preparation packet.
Frequently Asked Questions
Do pending charges show up on background checks?
They can. Some criminal background checks report pending criminal cases, subject to applicable law and screening scope.
Is a pending charge the same as a conviction?
No.
What if my pending charge was dismissed?
A report should reflect the current disposition. If it remains incorrectly reported as pending, use the consumer reporting company’s dispute process.
Can a pending charge stop me from getting a job?
It can affect some hiring decisions, but there is no universal result.
Official Sources and Further Reading
These resources explain general federal requirements. State/local laws, screening scope, and job-specific rules can change the answer.
Your next step
If you already know a criminal-history issue may appear, a structured self-check can help you separate what the official record says from what you assume it says.
The Employment Background Check Self-Check Guide helps you review records, identify discrepancies, organize employment information, and prepare questions before a screening progresses.
The $47 Signature Edition includes the complete self-check guide and the bonus AI Current-Info Research Toolkit, with guided prompts for researching current official sources. Verify AI-generated findings against the cited primary sources.