What does it mean when a conviction is pending?
Asked by: Webster Reynolds DVM | Last update: November 12, 2025Score: 4.7/5 (38 votes)
Applicants whose records show a pending charge could be awaiting trial—or they could have their charges dropped, resulting in either an acquittal or permanent criminal records. “Pending” on a background check could also mean that someone is on trial or in the court system but has yet to reach a final verdict.
What does it mean when criminal charges are pending?
A pending charge means that the person who has been arrested for an alleged crime is still having their case reviewed by the prosecutor. Prosecutors are responsible for deciding the charges a person might face and do not always have to follow through with the charges referred by the police.
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.
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 get a job with pending criminal charges?
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.
Criminal Record FAQ: Arrested but not Convicted?
Do pending criminal charges go away?
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 criminal charges disqualify you from employment?
Theft/Shoplifting – Any conviction involving an element of dishonesty or stealing is a huge red flag for employers. They may worry you could steal from the company. Drug Possession – Even a minor marijuana possession charge can disqualify you from many jobs, especially those involving operating vehicles or machinery.
How long can pending charges last?
A charge can be pending on your account for up to five days. There are several factors that affect how long a pending charge will appear on your credit card. These include when you made the transaction and how long it takes the merchant to process it. Card pre-authorizations may also show on your account for longer.
Does a pending charge mean it went through?
Pending transactions are charges that have been initiated but not yet fully processed or settled. They can take anywhere from a few hours to five business days to clear, depending on the charge. Restaurants, hotels, and car rental companies often initially list charges as pending until the payment is fully processed.
How long do pending charges take to clear?
Generally, pending transactions clear within one to five business days, but the exact timing depends on the type of transaction, the payment network, and the bank or credit card issuer.
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 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.
Can pending charges be stopped?
Yes. To cancel a pending credit card transaction before it's complete, start by calling the merchant directly. 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.
What does "pending" mean in legal terms?
What Does Pending Mean in Legal Terms? In the realm of law, the term pending refers to a situation where a legal matter, such as a lawsuit or a legal action, has been initiated but is yet to be resolved or concluded. It signifies that the case is still ongoing and has not reached a final decision.
Do misdemeanors show up on background checks?
Often, even seemingly minor crimes can raise a red flag. A background check in California will typically show a misdemeanor conviction. For example, a history of driving under the influence (DUI) can be a sign of things to come and show that a candidate may not be a responsible person.
What does it mean if charges are pending?
california. Criminal Lawyer: legalgems. Thank you. Open and pending and active mean the same thing. The charge has been made but there has not been a conviction.
Does "pending" mean it's been taken out?
Does pending mean the money is already taken out? Pending transactions are authorized transactions that are still being processed. The transaction amount is deducted from any available funds but isn't reflected in account balances until processed and posted.
Are pending charges on your record?
In Arkansas, any pending felony charges will show up in a background check, but misdemeanor charges will not. California, on the other hand, allows all pending charges to be included in a background check, and employers can even opt to be notified should those pending charges result in conviction.
Can a pending charge disappear?
Many pending charges disappear in around 5 days or less.
Can you dispute 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.
What is the maximum time for a pending transaction?
A pending transaction is a recent authorised card transaction that is waiting to be processed by the merchant and can take up to 28 days but normally takes 2/3 days to clear onto your balance. Once a pending transaction has cleared, it will appear below in your list of cleared transactions.
Can you be denied a job because of pending charges?
If your current or prospective employer learns you are facing criminal charges, they have the legal right to terminate you, refuse to hire you, or take other actions. Even if you are later proven not guilty, your employer may use information about your arrest to make hiring decisions.
What looks bad on a background check?
Warning signs on a background check include multiple periods of unexplained unemployment, inconsistent information, short periods of employment, minimal relevant job experience, no required education or training, professional license issues, dangerous criminal convictions, job-related criminal convictions, bad ...
What background check do most employers use?
The most common types of employment background screening include: Address History, Civil Records, SSN Verification, Criminal Records, Resume Verification, Medical Registration and Sanctions, and Drug and Alcohol Testing.