Will a pending felony show up on a background check?

Asked by: Abe Schmidt IV  |  Last update: December 8, 2025
Score: 4.1/5 (70 votes)

Yes, pending criminal records can show up on background checks. Once a charge is filed, it's put on the court record and can be reviewed by background check agencies. This is true whether the charge ends up leading to a conviction, dismissal or some other outcome.

Will a background check show 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.

Can I 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.

Do pending charges go on your record?

Yes, pending charges will show up on background checks. The only reason they wouldn't is if a state has a law that only shows certain types of pending charges. Luckily, even if a pending charge does show up, it doesn't mean an applicant isn't a good fit or will be denied a job.

Will a felony always show up on a background check?

In California, Colorado, Kansas, Maryland, Massachusetts, Montana, Nevada, New Hampshire, New York, Texas, and Washington, a felony will not show up on a record after seven years no matter what. In every other state, however, the information is present on the record forever.

Do Pending Court Cases Show Up On A Background Check? - CountyOffice.org

35 related questions found

What is 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 makes you not pass a criminal 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 ...

Do pending charges appear on a background check Canada?

The short answer is: Yes, pending charges can show up on a background check in Canada, but the specifics depend on the type of check and the local laws.

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 a job not hire you because of pending charges?

Employers may inquire about any pending criminal charges, and you may be asked to provide information about a recent arrest. 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.

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 you travel with a pending felony?

The court may impose travel restrictions on you, requiring you to remain within the jurisdiction where the case is pending. You may need to obtain permission from the court to travel out of state, even for a short period.

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.

Do investigations show up on background checks?

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

Why would someone not show up on a background check?

If a record is expunged, sealed, or in a pre-file status, it will not show up on a background check report. That's intentional, not an error. A jurisdiction that has expunged or sealed a record has deliberately done so because they believe it shouldn't be used in scenarios like employment screening.

Will a possession charge show up on a background check?

Thus, the short answer to this article is “Yes”. Drug charges, DUI charges, Theft, Assault, Vandalism, Etc. As long as a courtroom is open to the public and individuals can search other peoples names, a criminal background check is simply the commercialization of that act.

Is it hard to get a job with a pending felony charge?

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.

Can you enter Canada with a pending felony?

Pending Charges Travelling to Canada with pending charges is possible, but you must present evidence that you are fighting the charges. Without this, you could be denied entry if they have reason to believe you committed a crime, even though you haven't been convicted.

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.

What shows up in a Canadian background check?

Checks are completed in the RCMP 's Canadian Police Information Centre ( CPIC ) system. They consist of a check of the National Repository of Criminal Records based on a person's name and date of birth. It may also include searches of other national and local databases.

Do dropped charges show on background check Canada?

This number includes people who have been convicted of criminal acts, but you may be surprised to learn it also includes those whose charges were later dropped or dismissed, because those charges remain on your record as “non-conviction information”.

What is the difference between a criminal charge and a conviction?

Being charged signifies the initiation of legal proceedings based on allegations of criminal behavior while being convicted indicates that the legal process has concluded with a determination of guilt.

What looks bad on a background check?

You may be disqualified from a high security clearance job if your record contains any of the following: a single serious crime, a series of lesser offenses, embezzlement, income tax evasion (or other financial crimes), sexual offenses, crimes related to excessive alcohol or drug consumption, a history of personality ...

Will a felony show up on a background check after 10 years?

Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.

How do you know if you don't pass a background check?

You can determine whether you failed an employee background check if you have any of the following seven disqualifying factors:
  • Inconsistent employment history. ...
  • Inaccurate resume information. ...
  • A criminal history. ...
  • Negative reviews from employers. ...
  • Poor driving record. ...
  • A failed drug or alcohol test. ...
  • Poor credit history.