Can I still get a job with pending felony charges?

Asked by: Alena Rogahn  |  Last update: June 2, 2026
Score: 4.8/5 (2 votes)

Yes, you can still get a job with pending felony charges, but it's challenging as they often appear on background checks, potentially raising red flags for employers, though federal guidance emphasizes individualized assessments based on the charge's relevance to the job, not automatic denial, requiring employers to consider the nature of the crime, time passed, and job duties to avoid discrimination. Focus on getting the charges resolved, being honest if asked, and highlighting your skills to overcome potential bias.

Can you get a job with a pending felony?

Generally, it can't be held against you since a pending charge is not a conviction. You don't have to disclose it since the outcome is also unknown. Employers generally can't take it into consideration if it's not a conviction, but that doesn't mean they won't do it anyway. *Not a lawyer.

What is the hardest background check to pass?

The hardest background checks are typically for high-security government roles (like Top Secret clearance), involving deep dives into finances, criminal history, personal references, and lifestyle, often requiring interviews with associates; these are far more stringent than standard employment checks and focus on trustworthiness for sensitive information access, extending to personal habits, foreign contacts, and potential vulnerabilities.
 

Can you start a job if a background check is pending?

Sometimes, an employer may even have a candidate begin working during a probationary period while awaiting the background check results. Because a background check often requires written consent, a prospective employee typically has advance notice that a background check may occur.

Do you have to tell your job if you get a felony?

It is up to you whether you tell an employer about your convictions.

Where Can I Get A Job With A Pending Felony? - CountyOffice.org

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Will a pending felony prevent me from getting a job?

California law permits the inclusion of all pending criminal charges in a background check, so even if you have not been convicted, the mere presence of charges against you might influence an employer's decision.

What crimes stop you from getting a job?

A petty theft conviction, even a misdemeanor, can be an insurmountable hurdle for many employment opportunities. Employers view any theft crime as a breach of trust that puts assets, inventory, and workplace security at risk.

Will pending charges show up on background?

For example, California allows the inclusion of all pending charges in background checks. While the state forbids reporting of arrests not resulting in convictions, it doesn't prohibit the reporting of currently pending criminal charges.

What is the 3 month rule for jobs?

The "3-month rule" in jobs usually refers to a probationary period, a standard trial phase (often 90 days) where employers assess a new hire's performance, skills, and cultural fit before granting permanent status, with easier termination for both parties during this time. It also signifies a common benchmark for new employees to feel truly productive and settled, understanding new tools, teams, and company dynamics. It allows companies to evaluate fit and employees to learn the ropes, often impacting benefits eligibility and job security until completed.
 

What causes a red flag on a background check?

Red flags on a background check are discrepancies or concerning findings like criminal records (especially violent, financial, or drug-related), significant inconsistencies in employment/education history, poor credit history (for finance roles), negative references, failed drug tests, or unprofessional social media activity, all raising concerns about a candidate's integrity, judgment, or suitability for a role.
 

What states are felony friendly?

These Are the States Most Likely to Hire Former Felons

  • California.
  • Colorado.
  • Kansas.
  • Maryland.
  • Massachusetts.
  • Montana.
  • Nevada.
  • New Hampshire.

What looks bad on a background check?

What looks bad on a background check includes criminal records (especially job-related ones like theft or fraud), significant discrepancies in your application (lying about degrees, titles, dates), unexplained gaps in employment, frequent job changes (job-hopping), poor credit history, and unprofessional social media activity, all of which signal potential dishonesty, instability, or poor judgment to employers. 

What will fail a background check?

You fail a background check due to criminal history, lying on your resume (inaccurate education, job titles, dates), failing a drug test, a poor driving record (especially for driving jobs), bad credit (for financial roles), negative references, or unverifiable employment/education, with serious offenses and discrepancies often leading to disqualification. 

Why does no one hire felons?

Some occupations, such as those involving contact with children, are legally closed to people with felony convictions. And employers may be legally liable for the crimes committed by employees and so be wary of hiring those who already have a record.

Can a job not hire you for a pending charge?

California: Under California Labor Code and the Fair Chance Act, employers are prohibited from asking about criminal records until a conditional offer of employment has been made and cannot consider pending charges.

What jobs can you not get with a felony?

Felons face significant restrictions in jobs requiring licenses (law, medicine, teaching, finance, real estate, security) or involving public trust/vulnerable populations (childcare, elder care, law enforcement, healthcare), as well as roles handling valuables or operating heavy machinery, with specific bans depending on state law and the nature of the crime (e.g., theft, fraud, violent offenses). Industries like finance, education, transportation, and healthcare often have statutory bars or strict licensing requirements that exclude individuals with felony records, though some exceptions and review processes exist.
 

What is the 70 rule of hiring?

The 70% rule of hiring is a guideline suggesting you should apply for jobs or hire candidates who meet 70-80% of the listed requirements, focusing on potential and trainability for the missing 20-30% rather than seeking a perfect 100% match, which rarely exists and can lead to missed opportunities. It encourages hiring managers to look for transferable skills, eagerness to learn, and fresh perspectives, while candidates are advised to apply if they have most core qualifications, letting the employer decide on the gaps. 

What are the 3 C's of interviewing?

The "3 C's of Interviewing" refer to different frameworks, but commonly point to Competence, Confidence, and Credibility/Character for candidates, or Clarity, Confidence, and Commitment/Chemistry for interviewers, focusing on skills, self-assurance, truthfulness, and cultural fit to ensure a successful hire. Understanding these C's helps both job seekers shine and employers find the right talent by assessing ability, trustworthiness, and fit within the team and company culture. 

What is the first day of a job called?

What is orientation? New hire orientation for a job typically starts on the employee's first day on the job. It's the process of providing new employees with all the essential things they need to know about the workplace.

Does a pending charge count as a conviction?

Pending charges remain active until the court makes a final decision. Pending charges can affect job opportunities, housing applications, and professional licenses. While they are not convictions, many employers and organizations still consider them during screenings.

Can apartments see pending charges?

Pending charges can show up on background checks—and often do. While it doesn't mean you're guilty, it can still impact jobs, housing, or loans. Understanding your rights, knowing your state laws, and being honest when it matters can help you navigate the system more confidently.

Do felonies make it hard to get a job?

Yes, getting a job with a felony conviction is often harder due to stigma, legal restrictions in certain fields (like healthcare, education, finance), and employer concerns about risk, but it's not impossible; success often hinges on the felony's nature, how long ago it was, "Ban the Box" laws, and proactive strategies like knowing your record, highlighting transferable skills, and seeking fair-chance employers. 

What disqualifies you from a job?

Job disqualifications stem from issues like criminal history (especially violent/fraudulent crimes), falsifying applications, poor work history (job-hopping, firings), bad driving records, poor credit, failing drug tests, and sometimes specific tattoos or affiliations, with federal/state laws like the Fair Chance Act regulating when employers can ask about criminal history. Specific roles (like law enforcement/TSA) have stricter rules for offenses like treason or drug manufacturing, while general employment requires individualized assessments for criminal history post-offer. 

What does having a felony prevent you from doing?

Felons generally lose rights to vote, own guns, and serve on juries, and face major barriers in employment (especially in licensed fields or government), housing, and public assistance, with specific restrictions varying by state, potentially including travel limitations, impacts on parental rights, and ineligibility for federal student aid. These restrictions often persist, but some rights, like voting, might be restored after completing sentences, parole, or probation.