What States Prohibit Pending Charges on a Background Check

Background checks are an important part of the hiring process, and there's a good chance that the next job you apply for will require one. While background checks look for convictions, credit history, and criminal records, you might be wondering how pending charges are handled. 

Pending charges are charges that haven't resulted in a court decision yet, so while you’re innocent until proven guilty, a court date is scheduled, and the prosecution has charged you with a crime. This puts the case in a gray area, which makes it hard to know if it will show up on a background check. For this reason, it's important to know what states prohibit pending charges from appearing on a background check. Thankfully, we’re here to help. Read on to learn more.

Pending charges are charges that have not reached a verdict yet. If someone is charged with a crime and the case is still under review, this is known as a pending charge. These charges can take a long time to process but can be taken to court once the prosecutor has what they need. Depending on the type of charge and where you’re located, pending charges will show up on a background check and on your criminal record. That said, you’re always innocent until proven guilty.

What Causes a Charge to be Pending?

Pending charges can happen for many reasons. Typically, it's because prosecutors come up with the crime they want to charge someone with but they might not have all the evidence they might need. That said, charges can be pending for other reasons as well. Some reasons for pending charges include:

• The evidence needs further review or more time under review by the prosecutor

• Other people being involved in or charged with the crime; multiple suspects

• Errors made during a police investigation

• The police made errors during the arrest 

• New evidence making it into the case

Depending on the charges and the reason for the delay, pending charges can last for a while.

Yes, pending charges appear on a background check. Most states have laws that allow employees to view pending charges when running a criminal records check. That said, this isn't true for every state, and some states may have limits on what can be shown. For example, Arkansas only allows background checks to view pending felony charges, not misdemeanors or violations. That said, the majority of states allow companies and government agencies to view your pending charges because they're public records until the case is resolved. 

While pending charges may show up on a background check, that doesn't always mean they'll make you fail the check. Unfortunately, some employers may see the charges and not want to hire you, and they're within their rights to do that.

What States Prohibit Pending Charges on a Background Check?

Every state has unique laws, and most states will include pending charges on a background check, especially in felony cases. However, some states might not allow companies to make hiring decisions based on that pending charge until it's resolved. For example, Illinois law restricts companies from asking about arrest records if a conviction wasn't reached. Another unique law is found in Arkansas, which doesn't allow anything below a felony to appear on a criminal record if it's pending.

Some states also have ban-the-box laws, which don't allow companies to ask about criminal records during the initial hiring process; this can give you enough time for the case to be resolved before the background check. States with ban-the-box-laws include:

• California

• Arizona 

• Colorado

• Delaware

• Connecticut

• Georgia

• Rhode Island 

• Hawaii

• Illinois

• Indiana

• Kentucky

• Kansas 

• Louisiana

• Maine

• Maryland 

• Minnesota

• Massachusetts

• Michigan

• Missouri

• Nebraska

• Nevada

• New Hampshire

• New Jersey

• New York

• North Carolina

• North Dakota

• Ohio 

• Oregon 

• Oklahoma

• Pennsylvania

• Tennessee

• Vermont 

• Utah

• Virginia

• Wisconsin

• Washington 

These 37 states have ban-the-box laws that apply to the public sector. Out of these 37 states, 15 extend these laws to the private sector, including:

• California

• Maine

• Colorado

• Connecticut

• Vermont 

• Washington

• New Jersey

• New Mexico

• Rhode Island 

• Minnesota

• Maryland 

• Illinois

• Hawaii

• Massachusetts

• Oregon

Within these states, pending charges may still be accessible on background checks if they're looking for a felony charge.

You should always know what's on your record before you apply for a job. Plus, knowing what state you’re located in can help you determine if employers can even view the charges. Regardless of where you are, knowing you have pending charges is important. Fortunately, tools like Information.com’s people search tool can help you check your criminal records for any pending charges. 

We always recommend knowing your record because it will help you get in front of any issues or help you dispute problems on your record. In fact, if you know that a case was closed but still appears in your record, you can dispute this before going through the background check process and have it removed.