Will pending charges show up on a background check? Often they do, because an open criminal case is filed in a court, and county court searches return active cases along with closed ones. Whether an employer can hold a charge that has not been decided against you is a different question, and the answer depends on your state.
Waiting for a court date while also waiting on a job offer is stressful. The good news is that a pending case is not a conviction, and employers are expected to treat it that way. Below is what usually happens, what you can say, and where the rules come from.
Quick answers
Short answer
An open case is a public court record, so it often appears.How it is labeled
Usually "pending", "open" or "active", with the charge and next court date.Not a conviction
The EEOC says an arrest alone does not prove a crime.State limits
Some states and cities restrict using pending charges or non conviction records.Felony vs misdemeanor
Both can appear while open. Felony charges get closer review in many jobs.What helps
A short honest explanation and proof when the case closes.
Will pending charges show up on a background check? Why they often do
A screening company searches court indexes in the counties where you lived. When a prosecutor files charges, the court opens a case under your name right away. So a researcher can find it long before there is any verdict. The report usually lists the charge, the filing date, the court and a status such as open.
Federal law also says that when a screening company reports a public record for a job, it must report the current status of that record or tell you it is doing so. That means a case that was later dismissed should not still be listed as open. If it is, you can ask for a correction.
Pending felony and misdemeanor charges compared
| Type of open case | Likely to appear? | How employers often treat it |
|---|---|---|
| Pending misdemeanor | Yes, if the county is searched | Often asked about, then reviewed when the case closes |
| Pending felony | Yes, and often on statewide searches too | Closer review, especially for jobs with trust, cash or vulnerable people |
| Charges filed in another state | Only if that state or county is searched | Can surface through a national database, then confirmed |
| Arrest with no charges filed yet | May not be in court files at all | Can still appear on a fingerprint check |
For how arrests differ from charges, see the arrest records page. For everything a screening company may look at, see what shows up.
What states prohibit pending charges on a background check?
There is no single federal rule that bans reporting open cases. Instead, a mix of state laws and city ordinances limit how employers ask about or use arrests and charges that have not led to a conviction. Some cover private employers, some cover only public jobs, and the lists change as new fair chance laws pass.
Because these rules are specific and change often, this page does not try to list every state. Start with your state's page under background checks by state, then confirm on your state labor department or attorney general site.
Even where a law limits pending charges, jobs covered by other laws, such as child care, schools and law enforcement, may still be allowed to consider them.
Getting hired while a case is open
Yes, it happens often. Common outcomes I saw from the hiring side:
- The employer hires you because the charge has nothing to do with the job.
- The employer puts the decision on hold until your court date, then reviews the outcome.
- The employer asks for a short written explanation and a copy of the court docket.
- For roles with legal screening rules, the employer waits for the case to close before deciding.
The EEOC's guidance for job seekers with records says an employer may ask about the conduct behind an arrest and should let you explain. An employer that treats people differently by race or national origin for the same record breaks federal law.
How to talk about an open case
You do not need to argue your case with a recruiter. Keep it brief, and do not share details your lawyer told you to keep private.
"There is an open case in [county] for [plain description of the charge]. It has not been decided, and my next court date is [date]. I am following my attorney's advice and will share the outcome once it is final. It does not involve anything related to this role."
Give the status, the next date and a promise to update.
Discuss evidence, blame others or guess at the outcome.
If your criminal defense lawyer is court appointed, ask them what you may say to an employer. They handle this question often.
After the case closes
- Ask the court clerk for a certified final disposition.
- If the case was dismissed or you were found not guilty, ask the court whether you can seal it.
- Ask the screening company to update its file, and send it the disposition.
- Request that the fixed version go to the hiring company.
There is no charge, and the company normally has 30 days to finish. A template letter is on the dispute page. For sealing, see expunged and sealed records.
Pending charge vs a background check that is still pending
These sound alike but are not related. A "pending" status in an applicant portal usually means the report is not finished yet, often because a court clerk has not pulled a file or a past employer has not answered. It does not mean a charge was found. The slow background check guide covers the usual causes.
Use this as general guidance only. Your defense lawyer knows your case best, while a job rights attorney or legal aid clinic can answer questions about the hiring side.
Questions people ask
Do pending charges show up on a pre employment background check?
Often, yes, if the search covers the county where the case was filed. The report usually lists the charge and that the case is open.
Will an open felony case appear on a background check?
Usually, when the county or state is searched. Felony cases are also more likely to appear in statewide indexes.
Can an employer deny me a job for pending charges?
In many states a private employer may consider an open case, but some states and cities limit this. Federal law also bars treating people differently by race or national origin for the same record.
Should I tell the employer about a pending case?
If the application or interview asks about open charges, answer honestly. A short, factual explanation is better than the employer finding it first.
Will a dismissed charge still show up later?
For roughly seven years it may still be listed with a dismissed outcome. Where your state allows sealing, that usually keeps it off private reports.
Why is my background check still pending?
Usually because a court, school or past employer has not responded yet. A pending status is about timing, not a sign that something bad was found.