When you’re facing pending charges, it’s natural to wonder: Do pending charges show up on a background check? The answer is generally yes, but there are exceptions. Depending on the type of background check, the nature of the charge, and state law, pending charges may or may not appear. Let’s dive deeper into what pending charges mean and how they affect employment and rental screenings.

What Are Pending Charges on a Background Check?
Before exploring whether pending charges show up on a background check, it’s important to understand what pending charges are. Pending charges can refer to criminal charges that are not yet resolved, either because a case is still in progress or the defendant has not yet been formally charged. In this situation, charges may include misdemeanors, felonies, or other criminal offenses that are under investigation.
How Do Pending Charges Appear on Background Checks?
Do pending charges on a background check show up? Yes, depending on the background check type. If a comprehensive background check includes a manual search of county records, pending charges can appear even if the case has not yet been resolved. Background check providers typically use the applicant’s Social Security number to search multiple jurisdictions, increasing the likelihood that pending charges will surface. However, automated checks may miss charges that are not updated in real-time.

Do Pending Charges Show Up on a Criminal Background Check?
It’s important to note that pending criminal charges will appear on a background check only if the background check includes details beyond convictions. If the check only focuses on convictions or closed cases, pending charges might not be included. The scope and type of background check influence whether pending charges are reported.
Can Employers Fire You for Pending Charges?
Employers may have concerns about hiring candidates with pending criminal charges. However, firing someone for pending charges can be tricky, especially if the charges have not yet been resolved. Adverse action based on pending charges might be unlawful in certain cases, particularly if the action is discriminatory. Employers should be aware of the Equal Employment Opportunity Commission (EEOC) guidelines, which prohibit discriminatory actions based on arrest or pending charges unless they directly relate to the job position.

How Long Can Pending Charges Stay on a Background Check?
The duration of pending charges on a background check depends on the court system’s processing time. If records are manually updated, pending charges might take several months to appear on a background check. Conversely, jurisdictions with automated systems might reflect changes more rapidly. It’s also crucial to note that pending charges on credit cards or debit cards are different and involve financial transactions, not criminal records.
Understanding Pending Charges in Employment Screening
For employers conducting an employment background check, it’s essential to evaluate pending charges meaning carefully. While pending charges indicate that a case is still under legal review, employers should avoid making hasty decisions without understanding the full context. Employers can delay decisions until the charges are resolved or assess the impact of pending charges on the role the applicant is applying for.

What Is a Pending Felony and How Does It Affect Your Background Check?
A pending felony charge, especially one related to serious offenses, can have significant implications on your background check. If the background check shows a pending felony, employers might hesitate to hire the candidate depending on the nature of the crime. Pending misdemeanor charges generally have less of an impact but should still be considered carefully in employment and housing decisions.
Do Pending Charges Affect Your Housing Application?
If you are applying for housing, pending charges might appear on your background check. Housing for a misdemeanor or felony charge might be complicated by pending charges, especially if the nature of the alleged offense raises concerns about safety or property damage. Landlords can evaluate the nature of pending charges to determine the suitability of an applicant but should ensure that they don’t engage in discriminatory practices under the Fair Housing Act.
Can You Get a Job with Pending Charges?
Getting a job with pending charges on your background check is possible, but it may depend on the nature of the charges and the type of background check conducted. Employers often have to evaluate whether the pending criminal charges affect the role. For example, if you have pending charges for a financial crime and you’re applying for a position in a bank, the employer might view this as a red flag.
How to Handle Pending Charges on Your Background Check
If you have pending charges on your background check, consider seeking legal advice or guidance on how to present the charges during your application process. Whether it’s for employment or housing, being proactive in explaining your situation can help avoid misunderstandings and potential discrimination.