What is a pending case?
Asked by: Emmie Kiehn | Last update: June 27, 2025Score: 4.9/5 (40 votes)
A pending charge typically refers to a charge filed by the prosecutor that is still going through the court process and has not been resolved through a plea agreement or trial verdict.
What does it mean when a case is pending?
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.
What does it mean to have a charge pending?
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.
Does "pending" mean it went through?
What's a pending transaction? Pending transactions are transactions that haven't been fully processed yet. For example, if you make a purchase with a debit card or credit card, it will almost always show as pending immediately when you view your account online or in a mobile banking app.
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.
How long can a case be pending?
What happens to pending charges?
A pending transaction can place a hold on your account balance and count toward your credit limit until it is processed. That doesn't necessarily mean you can't use your credit card or bank account. But it can affect your available balance—or the funds you're able to access.
Does a pending case show 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.
How often do charges get dropped?
According to the statistics, around 8.2% of federal criminal charges are withdrawn at some point of the criminal process. This indicates the possibility of dismissal, however, each case is unique with various factors that affect the outcome.
Can a pending case be dropped?
In many criminal cases, the defendant can participate in a pretrial diversion program. If they successfully meet the requirements, the court will dismiss their case. In California, there are different types of pretrial diversion programs, including: Drug diversion programs.
How do you know if you have a pending case?
The process of checking whether you have a pending case or criminal record with the NBI involves obtaining an NBI clearance. The NBI clearance is a document issued by the NBI that certifies whether or not an individual has a derogatory record in the NBI database, including pending criminal cases.
How long does pending investigation take?
Most investigations take a few months - that is, generally speaking. If the evidence is particularly strong, police may be ready to make an arrest within days of the initial report coming in.
How do you deal with a pending case?
- Get plenty of rest: You need enough sleep to think clearly and make decisions that are in your best interests. ...
- Cut out other stressors: There are many other stressors in your life that can compound your anxiety and leave you feeling more overwhelmed.
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 causes a red flag on a background check?
A red flag in a background check is anything alarming or concerning about a person's past. This could be a history of breaking the law, lying about work experience or education, or other serious issues. However, not all red flags are the same. Some might be small and not that serious, depending on the job.
What is a pending charge criminal?
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.
Why does my background check still say pending?
A pending background check occurs during the assessment process, typically due to missing, inaccurate, or conflicting information. A background check can also be pending, thanks to court system delays, third-party delayed responses, international checks, or a bottleneck of background checks due to the time of year.
Is a pending charge 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.
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.
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.
How do I get pending charges dismissed?
Completing a pre-trial diversion program is one way to earn a dismissal of your charges. You have to complete the components of the diversion program the court assigns you and stay out of legal trouble to earn a dismissal of the charges. You do not have to admit that you committed a crime for pre-trial diversion.
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 percentage of charges are dropped?
About nine-in-ten (89.5%) pleaded guilty, while another 8.2% had their case dismissed at some point in the judicial process, according to the data from the Administrative Office of the U.S. Courts.