Do Pending Charges Show Up on a Background Check? Your Answers

Evelyn Sanderson - June 29, 2025

Anyone can find themselves caught up in a court case. Maybe it’s a misunderstanding, and you’re innocent, or maybe you simply made a mistake. Either way, it can be nerve-wracking to be under investigation.

For nearly any job, applicants have to undergo a background check so potential employers know what kind of person you or someone else claims to be. Background checks include a range of information from education to financial information to criminal charges.

If you have been arrested but not yet charged for a crime, will it show up on your background check and potentially cost you a job? We’ll help you know what to expect when navigating this complicated situation.

What is a Pending Charge?

As the name implies, a pending charge refers to a charge or criminal conviction that is not yet complete. When you are arrested as a suspect in a crime, there is a process through the justice system to determine if you truly are guilty, what exactly you’re guilty of, and what sort of punishment you should receive. Sometimes, this process can be lengthy.

If a charge is pending, it means that the case is still being reviewed by the prosecutor’s office. Once a case goes to trial, it will result in a verdict of conviction, dismissal, withdrawal, plea, or acquittal, depending on the findings of the judge. At that point, it will no longer be pending.

Pending Charges and Background Checks

Like many things, the exact information on a background check varies by state. Arrests that do not result in charges are not typically reported on background checks, but different states have different policies when it comes to reporting pending charges.

Some states don’t report pending charges, only reporting when a charge becomes an actual conviction. Others report pending felony charges but not misdemeanors. Still, other states report any pending charges toward an individual.

The state you live in does not matter, but the state in which the crime was committed and where the charges are being brought against you. Research the specific state where the charges are being brought against you to see their policy. You can typically find this information on the state government website.

Some background checks are also more comprehensive than others. For some jobs, a more cursory overview that only shows criminal convictions or local, county-level records on an individual may be sufficient. Certain employers will run more comprehensive background checks at the local, state, and federal levels.

What to Do if You Have a Pending Charge?

If you’re in the process of applying for a job and you know you have pending charges, especially in a state that reports them on background checks, it may be better to get ahead of the situation. Instead of waiting for your background check to come back and dealing with it afterward, inform your employer of what they will find on your background check and take this opportunity to tell your side of the story.

They may not offer you the job or may wait to see whether you are convicted before offering you the position. Depending on the kind of job you’re applying for, there may be strict policies about criminal records, especially in jobs where you’re working with children, the elderly, or controlled substances.

Make sure that you understand the policies that the company or industry you’re trying to work for has. That way, you will go into the application process with the right expectations and avoid disappointment. Some industries are stricter than others, so if you know your state will share this information, it will likely cause an issue in your professional life. Perhaps you should seek temporary work elsewhere for the time being.

What if a Job Candidate Has a Pending Charge?

If you’re in the position of hiring candidates for a professional role, you probably want to run some sort of background check regardless of the industry. It’s good practice to know the kind of person you’re entrusting with responsibility and will be working with day in and day out.

You may ask yourself what the right thing to do is when you interview a great potential hire, but their background check turns up a pending charge. For many organizations, whether you can still consider them for the role will depend on what kind of crime they are being charged with and the result of the case.

Sometimes, though, there is room for your personal judgment when it comes to such cases. If they truly are the best candidate and company policy allows it, you might offer them the job provisionally, starting employment if the charges are dismissed or they are acquitted. If you need them to start work immediately, you can also potentially hire them on a probationary basis.

How to Remove Old Pending Charges from Background Check

After a decision has been reached on your case, you’ll probably be glad to move on with your life without that hanging over your head. You might be frustrated to find out that even if your case was dismissed or you were acquitted of the charges, it still may come up on your background check.

Again, this varies quite a bit by state, but you can apply to have charges expunged from your record if you were not found guilty. In some states, this process may start right after the court case, but in others, you may have to instigate the process yourself.

Most states also have a time limit on this sort of information. It will often come off without needing to take action in a few years. If you can’t wait that long, it’s recommended you consult with a lawyer to see what your options are.

Even if you can’t get the information removed from your background check right away for any reason, it’s best to allow any potential employers to run a background check anyway. Refusing to consent to one can look like a red flag. Instead, you can inform them ahead of time about the situation and perhaps even provide them with documentation about the results of the case, showing that you were not convicted.

Moving Forward with Pending Charges

We all hope that we can avoid run-ins with the justice system, but the truth is that legal issues can happen to anyone. Most of the time, it’s not serious, and our case may even be dismissed without a hearing. However, it can be frustrating that these situations can look bad on a background check.

We recommend doing research on the state where your charges have been filed to see what their policy is on pending charges. If it will show up on your background check, do your best to anticipate any potential issues ahead of time and communicate with your prospective employer. Once the case is finished, depending on the outcome, you might also be able to have the record expunged.