Do pending felony charges show up on a background check?

Asked by: Susie Waelchi  |  Last update: April 19, 2026
Score: 4.5/5 (20 votes)

Yes, pending felony charges almost always show up on a criminal background check because they are public court records, often appearing with a "pending" or "awaiting disposition" status, though the speed and consistency depend on the county's court record system and state laws. While they don't prove guilt, employers can see them and consider them, but they must be careful not to automatically disqualify candidates due to potential discrimination issues, following federal guidelines.

Do background checks see pending charges?

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 soon do pending charges show up on a background check?

Pending criminal charges can appear on a background check relatively quickly, often shortly after they are filed in the court system. The speed at which charges show up depends on how swiftly the county court processes and updates its records, which can vary based on the volume of cases and administrative efficiency.

What does a pending charge look like on a background check?

In most cases, pending charges will appear during the employment background screening process. You may see a “pending” or “awaiting disposition” case status. Even though these statuses appear in the results, it is critical to remember that a pending status is not definitive proof that a person is guilty of a crime.

Can a job not hire you for a pending charge?

Yes, an employer can deny employment based on pending charges if they believe the crime involved is one which would affect the person's ability to complete the necessary tasks of the job.

Will Your Pending Case Show Up On A Background Check? | Austin Criminal Defense

19 related questions found

What is the hardest background check to pass?

The hardest background checks are typically US government security clearances (especially Top Secret/SCI) and those for high-level law enforcement, involving deep dives into criminal, financial (credit), employment, and personal history (interviews with associates) via extensive forms like the SF-86, far exceeding standard employment screening. These checks scrutinize all life aspects for integrity, reliability, and potential security risks, often requiring disclosure of past drug use, financial issues, and undisclosed criminal records, making them incredibly difficult to pass if issues exist. 

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 makes you not pass a criminal background check?

You can fail a criminal background check due to felony or serious misdemeanor convictions, especially recent ones or those related to the job, outstanding warrants, probation/parole violations, drug offenses, fraud, identity theft, violence, or sex offenses, as well as discrepancies on your application (lying), a poor driving record (DUIs), or negative social media. The severity, recency, and relevance to the job determine disqualification, with federal roles having strict criteria.
 

How long do pending criminal charges take?

Pending criminal charges can stay unresolved for anywhere from a few months to several years, depending heavily on case complexity, court backlogs, and state laws, with misdemeanors often resolving faster than felonies, though serious cases or those with many motions can drag on for years, sometimes right up to the statute of limitations deadline. The time varies due to discovery, plea negotiations, pre-trial hearings, trial scheduling, and specific circumstances like speedy trial demands or competency evaluations. 

What does "pending felony charges" mean?

Pending charges are criminal accusations that have not yet been resolved in court. These charges appear after an arrest when prosecutors formally accuse someone, but before the case is dismissed, settled, or decided by a trial.

Why would a charge not show up on a background check?

Sealed arrests, pardoned convictions, juvenile offenses and most infractions will not show up on a background check. If you have questions regarding your criminal history, contact the California Attorney's office and speak to a representative in the Records Review department (916-227-3849).

What shows up on a criminal background check?

A criminal background check reveals a person's history of arrests, pending charges, and felony or misdemeanor convictions, pulling from local, state, and federal databases for crimes like theft, assault, fraud, or DUIs, and often includes incarceration history, sex offender registry status, and even active warrants, helping employers assess risk for jobs, housing, or licensing. 

What does "pending" mean on a background check?

Seeing "pending" on your background check status can feel like waiting for test results—you know something is happening, but you're not sure what. Don't worry—"pending" is completely normal and simply means your background check is actively being processed.

Will a police investigation show up on a background check?

Police reports generally do not appear on background checks, but the information within them, such as arrests or criminal charges, likely will. Background checks often focus on criminal records, which can include convictions or pending charges related to a police report.

Do you know if you have a pending charge?

A pending transaction is one that's been approved but is still being processed. Because the transaction hasn't fully posted, you may see it listed in your account along with your balance, recent transactions and upcoming payments.

What looks bad on a background check?

Things that look bad on a background check include criminal records (especially job-related offenses), significant inconsistencies on resumes (like falsified degrees or job titles), frequent job hopping, unexplained employment gaps, poor credit (for financial roles), negative social media activity (hate speech, unprofessionalism), and failed drug/driving tests, all suggesting dishonesty, instability, or risk to the employer. 

What is the most common reason for failing a background check?

The most common reasons for failing a background check are criminal history, especially recent or violent offenses, and inaccurate information on your resume, such as falsified education, employment dates, or job titles, with failed drug tests, poor driving records, or bad credit also being frequent disqualifiers. Employers often flag serious crimes, discrepancies in credentials, or failed safety-related tests as major risks.
 

Do background checks show pending charges?

In addition, a background check may show pending criminal charges and misdemeanor or felony convictions, with a look-back period of seven years. However, non-convictions aren't reported, such as non-pending arrests, charges, or indictments that did not lead to a conviction.

What will disqualify you on a background check?

Disqualifying offenses in background checks are crimes like felonies, violent offenses, fraud, drug crimes, domestic violence, and serious traffic offenses that prevent employment, especially in sensitive roles (e.g., childcare, law enforcement, federal jobs), with specific lists varying by jurisdiction and employer but generally targeting offenses showing poor judgment, risk to others, or lack of trustworthiness, also including non-criminal issues like bad credit or dishonesty in the application.
 

How do you find out why you failed a background check?

If the background check uncovered adverse information that disqualifies you from the hiring process, potential employers are required by law to send you a notice of adverse action detailing the reasons why they're rejecting your application, along with a copy of the report and a summary of your rights under the Fair ...

When to worry about a background check?

Multiple issues can cause you to fail a background check, including relevant criminal convictions, misrepresentations made on your resume or during your interview, a failed drug test, poor credit record, poor driving history, bad references, and unexplained employment gaps.

What states are felony friendly?

These Are the States Most Likely to Hire Former Felons

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

How would one fail a background check?

You fail a background check due to red flags like criminal history, lying on your application (education, job history), a failed drug test, a poor driving record, or issues like bad credit for finance roles, all of which signal a potential mismatch with the job's requirements or company standards. Other common reasons include unverifiable credentials, negative references, or even inconsistent personal identification details. 

What is the 10 second rule in an interview?

The "10-second rule in an interview" refers to two main concepts: the first impression you make upon entering (appearance, greeting, confidence) and the time it takes for a recruiter to screen your resume (they often decide in under 10 seconds). It also applies to the silence during the interview, where interviewers should wait 10 seconds before rescuing a candidate who pauses, allowing them time to think, while candidates should aim to deliver clear, impactful information quickly.