Will a pending felony prevent me from getting a job?

Asked by: Prof. Mariah Sipes  |  Last update: March 28, 2026
Score: 4.1/5 (9 votes)

Yes, a pending felony can significantly hurt your job prospects, as it often appears on background checks, raising red flags for employers concerned about liability, trust, and safety, especially in certain industries, but it's not an automatic ban; employers must conduct individualized assessments based on the charge's nature, time passed, and job relevance, while state laws and factors like honesty (or sealing/expungement) play a crucial role in your outcome.

Will jobs hire you with pending charges?

Yes, you can get a job with pending charges, as they aren't convictions, but it depends heavily on state laws, the employer, the nature of the charges, and whether you disclose them, with many laws restricting when employers can ask about criminal history, often until after a conditional job offer. Many employers look for convictions, and some states have "ban the box" laws, but charges can still appear on background checks, so be honest if asked, and focus on your qualifications, remaining positive and professional. 

Can you start a job if a background check is pending?

Sometimes, an employer may even have a candidate begin working during a probationary period while awaiting the background check results. Because a background check often requires written consent, a prospective employee typically has advance notice that a background check may occur.

Do felonies make it hard to get a job?

Yes, getting a job with a felony conviction is often harder due to stigma, legal restrictions in certain fields (like healthcare, education, finance), and employer concerns about risk, but it's not impossible; success often hinges on the felony's nature, how long ago it was, "Ban the Box" laws, and proactive strategies like knowing your record, highlighting transferable skills, and seeking fair-chance employers. 

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. 

STFU When You Have a Pending Criminal Case

33 related questions found

What will disqualify you on a background check?

Disqualifying offenses in background checks typically involve serious crimes like violent offenses (murder, assault, kidnapping), sexual offenses (child molestation, sexual assault), major drug felonies (trafficking, manufacturing), and financial crimes (fraud, money laundering), especially for roles involving vulnerable populations or federal security, but can also include poor credit, drug use, domestic violence, and inconsistent application info, depending on the job and state laws. Federal and state laws mandate disqualifications for specific offenses, while employers often have their own criteria, considering the nature, recency, and relevance of the offense to the job. 

What states are felony friendly?

These Are the States Most Likely to Hire Former Felons

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

What jobs cannot hire felons?

They're typically restricted from credentials for occupations in the Department of Public Health's jurisdiction or in real estate, the distribution of drugs or pharmaceuticals, pest control, embalming and insurance sales.

Why does no one hire felons?

Some occupations, such as those involving contact with children, are legally closed to people with felony convictions. And employers may be legally liable for the crimes committed by employees and so be wary of hiring those who already have a record.

What would cause 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 is the 3 month rule for jobs?

The "3-month rule" in jobs usually refers to a probationary period, a standard trial phase (often 90 days) where employers assess a new hire's performance, skills, and cultural fit before granting permanent status, with easier termination for both parties during this time. It also signifies a common benchmark for new employees to feel truly productive and settled, understanding new tools, teams, and company dynamics. It allows companies to evaluate fit and employees to learn the ropes, often impacting benefits eligibility and job security until completed.
 

What is the biggest red flag to hear when being interviewed?

The biggest red flags in an interview involve toxic culture indicators like an interviewer badmouthing former employees, being rude or disrespectful (distracted, interrupting, condescending), or showing a lack of transparency about the role or company, often signaled by vague answers, high turnover, or pressure to accept quickly; these suggest a poor environment where you won't be valued or supported.
 

Why would a background check say "pending"?

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.

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. 

How likely are ex-offenders to get a job offer?

Prison work experience should count

One of the biggest hurdles is finding stable employment. Formerly incarcerated people face an unemployment rate nearly five times higher than the general United States population, largely because of the many policies and practices that disadvantage people with a conviction history.

Does a pending charge count as a conviction?

Pending charges remain active until the court makes a final decision. Pending charges can affect job opportunities, housing applications, and professional licenses. While they are not convictions, many employers and organizations still consider them during screenings.

Does Dollar Tree hire felons?

Will dollar tree hire me if I'm a felon? You should be fine. You may run into problems if you apply for any management positions. Yes, Dollar Tree now does a background check so if you have any convictions, you will not pass the background check.

Do you have to tell your job if you get a felony?

It is up to you whether you tell an employer about your convictions.

What jobs are felons most likely to get?

12 highest-paying jobs for people with criminal records

  • Digital marketer. ...
  • Freelance designer. ...
  • Painter. ...
  • Maintenance worker. ...
  • Entrepreneur. ...
  • Web developer. ...
  • Truck driver. ...
  • Barber.

How difficult is it for a convicted felon to get a job?

Yes, getting a job with a felony conviction is often harder due to stigma, legal restrictions in certain fields (like healthcare, education, finance), and employer concerns about risk, but it's not impossible; success often hinges on the felony's nature, how long ago it was, "Ban the Box" laws, and proactive strategies like knowing your record, highlighting transferable skills, and seeking fair-chance employers. 

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 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.
 

What's the worst felony to get?

The "worst" felony is typically a Capital Felony, often defined as premeditated murder, treason, or espionage, carrying penalties of life imprisonment or the death penalty, though federal systems classify the most severe as Class A felonies, which also include murder, terrorism, and large-scale drug trafficking, punishable by life in prison or the death penalty. Specifics vary by state, but generally, the most serious crimes (like first-degree murder, aggravated sexual assault, arson causing death) fall into the highest categories (Class A, First Degree, Capital). 

What jobs do not accept felons?

While there's no universal "forbidden" list, felons often face significant barriers in jobs requiring licenses (teaching, law, healthcare), government roles (police, security clearance), finance (banking, trading), transportation (pilots, conductors), and any position involving vulnerable populations (children, elderly), with restrictions varying by state and the nature of the conviction, especially for crimes related to honesty, violence, or substance abuse. 

What are red flags 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.