Can pending charges be used against you?

Asked by: Andres Schmitt  |  Last update: August 9, 2025
Score: 4.9/5 (25 votes)

Having a pending charge does not automatically disqualify you from every opportunity. However, it can be a place of hesitancy for employers and landlords, and they may choose to deny your request or application for employment and housing, depending on the circumstances.

Do pending charges go on your record?

Yes, pending charges will show up on background checks. The only reason they wouldn't is if a state has a law that only shows certain types of pending charges.

What happens if you have a pending charge?

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.

How long can you be held on pending charges?

Most states allow prosecutors up to 72 hours after an arrest to file charges, although some states, like California, allow only 48 hours. If the prosecutor fails to bring charges within this time limit, the court has to release you.

Can a pending felony be dropped?

A felony charge may be dropped before trial if new evidence comes to light proving innocence or casting reasonable doubt. It may also occur if the prosecutor decides the case is too weak to lead to a conviction.

STFU When You Have a Pending Criminal Case

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Can you pass a background check with pending charges?

Although people are innocent until proven guilty, pending charges can still hinder their ability to secure employment. Most state laws are similar to California's, and employers can expect to see pending criminal charges on background checks for any level of offense.

Do pending charges ever go away?

Pending charges on credit cards are temporary holds to ensure payment for potential damages or incidental expenses. Pending charges typically take up to three days to clear with the merchant, but can take longer. Issues with pending charges should be resolved with the merchant, not the card issuer.

How long does it take for charges to be dropped?

The length of time it takes to get charges dropped varies depending on the specifics of each criminal case. In some instances, charges can be dropped early on in the legal process, while in others, it may take longer to negotiate with the prosecution and gather evidence to support a dismissal.

Are pending charges final?

They show up almost immediately after a purchase is made, but they haven't fully "posted" to your account until the merchant processes them on their end. For this reason, pending transactions can change or even be removed before they post, depending on how the merchant handles the final billing.

Can you fight a pending charge?

Only posted transactions can be disputed (pending charges are temporary and may change). If you have any immediate concerns about a pending charge, contact the merchant directly. The merchant's contact information is typically found on your receipt or billing statement.

Will a possession charge show up on a background check?

Thus, the short answer to this article is “Yes”. Drug charges, DUI charges, Theft, Assault, Vandalism, Etc. As long as a courtroom is open to the public and individuals can search other peoples names, a criminal background check is simply the commercialization of that act.

Can you decline a pending charge?

Typically you can't cancel a pending transaction. Even if it's fraudulent or the wrong amount, your bank usually needs the transaction to post before it can next steps. That doesn't mean it's impossible to cancel — you can contact the merchant if there is an error and they can usually reverse it.

Are pending charges convictions?

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.

Does a pending charge mean it will go through?

Essentially, pending transactions mean the money has been committed to a specific purchase, but it's still moving between accounts. Your account balance may or may not reflect the money spent in a pending transaction. You are still able to use your card normally while these payments process.

Do summons show up on background checks?

The summons will show up. Because the summon is not a conviction, and because the information is public record, then an extensive background search will reveal the summons.

Can I sue if my charges are dropped?

Yes. Dropped charges could make a malicious prosecution claim possible. But when a verdict was rendered, it may be more difficult to pursue a civil claim after the fact. Before a criminal case can proceed to the trial phase, the court must find probable cause.

What is the most popular reason that cases get dismissed?

One of the most common reasons for the court to dismiss a criminal case is insufficient evidence.

What happens if someone doesn't press charges?

If a prosecutor believes a defendant poses a threat to public safety, they can proceed with charges even if the victim does not want to press charges. This decision prioritizes public safety over the victim's preferences and is common in cases involving serious crimes or repeat offenders.

What happens if a charge is pending for too long?

What should I do if a transaction remains pending for too long? Contact your bank or the merchant to inquire about the delay. It could be due to a processing error or a hold. Pending transactions can impact the balance of credit card accounts and may require contacting the bank or merchant for resolution.

How do I get rid of pending charges?

Ask the merchant or retailer to reverse the charge, cancel the sale or release the hold for the confirmed amount. The sooner you contact the merchant, the more likely the pending transaction can be canceled. If you suspect fraud, skip the merchant and call your bank or card issuer first.

Can you dispute a pending charge?

You have to wait until it posts. Then federal law gives you the right to challenge the charge. If you have already tried to work out a problem with the merchant and the charge has already been posted, you can dispute the charge in a process the payments industry calls a "chargeback."

What states prohibit pending charges on a background check?

What States Prohibit Pending Charges on a Background Check?
  • California.
  • Arizona.
  • Colorado.
  • Delaware.
  • Connecticut.
  • Georgia.
  • Rhode Island.
  • Hawaii.

What misdemeanors prevent you from getting a job?

These include:
  • Theft and shoplifting.
  • Assault and battery.
  • Drug possession and drug-related offenses.
  • Driving under the influence (DUI)
  • Domestic violence.
  • Disorderly conduct.
  • Vandalism and property damage.
  • Trespassing.

What goes on a criminal record?

The history will include your name, date of birth, and a list of all prior arrests and convictions. The history will list an abbreviation of the code sections of all charges and convictions.