Is a pending felony the same as a conviction?

Asked by: Dr. Graciela Crooks  |  Last update: April 13, 2025
Score: 4.9/5 (5 votes)

A pending charge does not mean that the applicant is guilty of a crime. Instead, it means that a case is currently pending and has not been decided.

What does it mean when a felony is pending?

In general, a pending criminal charge means the time period after arrest, but before your case has gone to trial.

Do pending charges go on your record?

A: Pending charges show up on background checks because they are public record. These records are sometimes pulled up as part of a background check because they indicate what point the case is at. Employers and others use it to measure risk, even though a pending charge is neither a conviction nor evidence of guilt.

Can you still get a job with a pending felony?

Unless you are proved guilty, you are innocent in the eye of law. So pending charges do not deter you from applying for a job.

Can you have a felony and not be convicted?

nope, in order to be considered a felon, you have to be CONVICTED of a felony. If you are not convicted in a court of law, you are INNOCENT per the design of our justice system.

Criminal Record FAQ: Arrested but not Convicted?

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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.

Is being charged with a felony the same as being convicted?

However, a charge does not imply guilt; instead, it marks the beginning of a legal process where your rights and liberties are at stake. On the other hand, a conviction occurs when the court has found you guilty, either through a plea or a trial.

How do you explain a felony conviction to an employer?

It is up to you, but we recommend honesty. On the application, write ”will discuss in interview” rather than a lengthy explanation of past convictions. In an interview, keep explanations brief, and stress what you have learned from your conviction and time in prison, how you have changed, and your skills or assets.

Can you go to college with a pending felony?

An unresolved legal case can make it feel like you have to put your life on hold, but that is not always true. It is still entirely possible to get into college with an open felony case. However, having an experienced criminal defense attorney can increase your chances of a favorable outcome.

Do pending charges appear on a background check?

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.

Are pending charges bad?

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.

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.

Can you fly with a pending felony?

If you face criminal charges, you may be restricted from traveling out of state or internationally. You may need to obtain permission from the court to travel, and you will be required to comply with any conditions set by the court, including adhering to the specific criminal laws of the jurisdiction you are in.

What does it mean when a conviction is pending?

Pending cases are allegations that don't end up on your criminal record until there is a criminal conviction following a guilty verdict. This means that pending matters wouldn't appear on a DBS check application at a Basic or Standard level.

Do investigations show up on background checks?

Depends how deep the background check is but in most cases no.

Can I get a job with a pending felony?

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 is the best job a felon can get?

12 highest-paying jobs for felons
  1. Digital marketer. ...
  2. Freelance copywriter. ...
  3. Freelance designer. ...
  4. Painter. ...
  5. Maintenance worker. ...
  6. CNC machinist. ...
  7. Car sales executive. ...
  8. Entrepreneur.

What do you call a person with a felony?

Technically, a felon is anyone who's been convicted of a serious crime, but you can use felon to describe anyone you think has done something terrible. For a felon, it's being paraded in handcuffs in front of the public that can be the worst part of being convicted.

What does felony pending mean?

If charges are “pending” it means that the authorities have charges in mind and they plan on executing them when an arrest is made. It can also mean that a person who is arrested and while in custody, the investigation leads to additional evidence that can support additional charges.

Can you go on a cruise with a pending felony?

You may need to stay within the jurisdiction where the case is pending, as your departure could signal to the authorities, your bail bond agent, and the court that you are a flight risk.

Can a felony charge go away?

In California, a felony conviction stays on your record forever if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison. You can face serious obstacles until you get the conviction removed from your criminal history.

Can you have a felony without a conviction?

However, a felony charge does not make an accused individual a felon. They would not be considered a felon unless that have been tried and convicted as well.

What makes you a convicted felon?

In the United States, where the felony–misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by exactly one year or less, it is classified as a misdemeanor.

Does a felony automatically mean jail time?

However, it's a common misconception that all felonies automatically result in jail time. The truth is more nuanced. Under California law, judges possess considerable discretion in sentencing, allowing them to impose probation in certain cases instead of incarceration.