What States Prohibit Pending Charges on a Background Check? Here’s All You Need to Know

Evelyn Sanderson - September 16, 2025

We’ve all experienced moments of worry when it comes to a background check, even if there’s nothing in our past that should actually cause concern. It often arises when applying for a new job, trying to rent a home, or simply feeling curious about what information might appear on our own personal record. 

The process can be both confusing and stressful, especially when you’re unsure about what details can legally be considered against you.

Knowing which states prohibit pending charges on a background check can relieve a lot of this anxiety. Laws regarding background checks can vary significantly, and what’s allowed in one state may be strictly prohibited in another. In this guide, we discuss how pending charges relate to background checks, which states prohibit pending charges, how you can see your own background, and more.

What States Prohibit Pending Charges on a Background Check?

The rules governing what can and cannot be included in a background check are shaped by a combination of federal and state laws, which often differ from one another.

Pending charges are considered public record, so they can appear on a background check. However, what an organization can do with that information is limited. Some states restrict employers from using pending charges to make hiring decisions, while federal laws, such as the Fair Credit Reporting Act (FCRA), govern how background check data can be collected and reported.

Federal Laws (FCRA & EEOC)

First, there are federal laws that establish the overall framework. The most notable is the Fair Credit Reporting Act (FCRA). The FCRA has specific rules governing the reporting of information, including a seven-year limit on most non-conviction information. This provision offers an important layer of protection, though pending charges may fall outside that limit since they are treated as current public records.

Then, there’s the Equal Employment Opportunity Commission (EEOC), which exists primarily to prevent discrimination. The EEOC doesn’t have a specific law about pending charges, but they have guidance for employers. This guidance advises against blanket policies that automatically disqualify applicants solely because of a pending charge.

Instead, the EEOC suggests an “individualized assessment” where employers look at the specifics of the charge, its relevance to the job, and the circumstances surrounding it before making a decision. This is important because it gives you a chance to explain your situation.

State-Specific Restrictions

When examining individual states, regulations can be even more restrictive. While federal laws establish the baseline, many states go further to provide additional protections for job applicants:

Hawaii

Like many “ban the box” states, Hawaii has laws that prohibit employers from asking about a person’s criminal history until later in the hiring process, and it specifically limits the use of arrests that did not result in a conviction.

Maine

Maine has specific statutes that restrict how employers can use criminal records, and generally ignores considering arrests that did not lead to a conviction.

Massachusetts

The law in Massachusetts is very specific. It allows employers to ask about pending felony charges, but not misdemeanors or arrests. This is an important distinction that can protect you from discrimination based on a less severe charge.

Michigan

While not a complete ban, Michigan has a “Fair Chance to Compete” Act that applies to public employers, and some private employers are following this approach by delaying inquiries into an applicant’s criminal history.

Montana

Montana’s “Right to Know” law grants people the right to know what information is being collected about them, and its provisions limit the use of certain criminal records.

Washington

In Washington, private employers are not allowed to inquire about a job applicant’s criminal history until after they have been deemed otherwise qualified for the position.

These laws can be complex and may include exceptions, so make sure you review your state’s specific regulations or consult a legal professional if you have any concerns.

Pending Charges and Background Checks

When we refer to a “pending charge,” we mean a criminal accusation that has been filed against someone but has not yet been resolved by the courts. It’s essentially a legal situation that’s still in limbo. A pending charge is not the same as a conviction. Just because someone has been accused of a crime doesn’t mean they’ve been found guilty.

Why is this important? Background checks have become a standard practice for various reasons. Employers use them to vet job candidates, landlords use them to screen potential tenants, and even volunteer organizations rely on them to protect the safety of the people they serve.

The idea is to get a clear picture of a person’s history to help make a confident decision, but that’s where things get tricky: when does a pending charge cross the line from a simple piece of information to something that can unfairly impact your future? That’s exactly why it’s important to know which states prohibit pending charges on background checks.

How Pending Charges Appear on a Background Check

As mentioned above, the reason pending charges appear on background checks is that they are generally considered public records. When a prosecutor files a charge, it’s logged in a court’s database. Background check providers, whether they are professional services or public search tools, have access to these public databases. 

They don’t have any secret or privileged information. The data comes from sources that a determined individual could also access, such as local and state court websites. It includes the case number, the date the charge was filed, the type of offense (felony, misdemeanor, etc.), and the current status of the case, which in this instance would be “pending.”

The Impact of Different Types of Checks

The type of background check performed can also make a difference in what information is found. County-level checks are usually the most detailed and up-to-date. Since the charges are first filed at the county or municipal level, this is where the most recent information is located.

State and national checks are also important, but they can be less timely. A new pending charge might show up in a county court system, but take weeks or even months to be fully reflected in a state or national database. This is why a complete background check involves searching at multiple levels.

The severity of the charge is also a consideration. While a pending felony charge is almost certain to appear on a background check, a minor traffic violation or misdemeanor may not always be reported, especially if the court doesn’t routinely report those records to the larger databases that background check companies use.

Using a People Search Tool to Conduct a Background Check

People search tools are an excellent way for you to “audit” yourself before an application and see what comes up. Information.com is a prime example of these tools. It’s a powerful search engine that gathers publicly available information and is purpose-built to help you find people and get a summary of their public records. Keep in mind, though, that people search tools are not a “consumer reporting agency” under the FCRA. 

While anyone can run background checks, the reports cannot be used for making decisions about employment, tenant screening, or anything else governed by the FCRA. The information is for personal use only, like reconnecting with a long-lost friend, verifying a new acquaintance’s identity, or simply satisfying your curiosity. 

Steps for a Personal Background Check

Using the tool to do a background check on yourself is a simple process. First, go to the website and enter your full name. To get the most accurate results, include your city and state as well.

The site will then run a search and compile a report based on the information it finds. The report will show a list of potential matches. You can select your own profile from within it to see your detailed report. 

Once you have the report, you’ll see a section dedicated to “Criminal & Traffic Records.” This is where you’ll find information about pending charges with details like the type of charge, the date it was filed, and the court where the case is being heard.

Now You Know What States Prohibit Pending Charges on a Background Check

Background checks are already complex, and they become even more complicated when pending charges are involved. A patchwork of federal and state laws governs what information can be used, and it is important to be aware of them. Some states, including Hawaii, Montana, and Maine, have strong laws that limit or prohibit employers from considering pending charges.

In many other states, however, this information can be used, so understanding the laws in your state is important. Whether you are an applicant or an employer, it is important to approach background checks with a clear grasp of the legal requirements and the need for a fair, individualized assessment.