What States Prohibit Pending Charges on a Background Check?
Pending charges are criminal accusations that have not yet been resolved in court. This means the person has been charged but not convicted or found guilty yet. These charges can appear on a background check and may impact job opportunities or housing applications — even though the person hasn’t been proven guilty.
In the United States, people are presumed innocent until proven guilty. Still, some background check companies and employers list these pending cases as part of someone’s record, which can be unfair and cause unnecessary problems.
Do Pending Charges Show Up on a Background Check?
Yes, in many cases, pending charges do show up on a background check. Whether they show up or not depends on:
- The type of background check (criminal, employment, FBI, etc.)
- The laws of the specific state
- The reporting policies of the background check company
- Whether the employer or agency requests full court records
However, some states have made laws to protect individuals by not allowing pending charges to be used in background decisions.
States That Prohibit or Limit the Use of Pending Charges on Background Checks
Different states in the U.S. have different laws about what can be shown or used in a background check. Let’s look at some states that limit or prohibit the use of pending charges.
| State | Law / Policy | Explanation |
|---|---|---|
| California | Labor Code § 432.7 | Employers cannot ask about or use information about arrests that did not lead to a conviction. Pending charges must be treated with care. |
| Illinois | 820 ILCS 75/15 | Under the Illinois Human Rights Act, employers can’t use arrest records, including pending charges, as a reason not to hire. |
| New York | NY Correction Law Article 23-A | Employers must consider the relevance of any criminal charges and must not discriminate based on arrests or pending cases. |
| Hawaii | HRS § 378-2.5 | Employers can only consider criminal convictions within the last 10 years, and cannot consider arrests or pending charges. |
| Massachusetts | CORI Reform | Employers cannot ask about arrests that did not lead to a conviction and must follow strict rules for using background info. |
| Washington, D.C. | Fair Criminal Record Screening Act | Employers are banned from inquiring about arrests or pending charges before a conditional job offer is made. |
These laws are a big help for individuals who are going through legal proceedings but have not been found guilty. It allows them to move forward in life without being held back by a pending case.
States Without Clear Restrictions
Some states still allow employers or landlords to use pending charges in their decisions. In these places, background checks may list any active case, and it’s up to the employer to decide what to do with that information.
These states often don’t have strong privacy or discrimination protections when it comes to pending charges. That can be harmful for people still waiting for their day in court.
If you live in one of these states, it’s important to consult with a legal expert or your local labor board to understand your rights.
How Can You Check Your Background Record?
You can request a copy of your own background check from various sources:
- State police or local law enforcement websites
- FBI Identity History Summary (fingerprint-based)
- Online background check companies like TruthFinder or BeenVerified
Checking your own report helps you stay informed and fix any errors. If you see a pending charge that shouldn’t be there, you can dispute the information.
How to Remove Pending Charges from a Background Check
If your pending charge was later dismissed or you were found not guilty, you may be able to expunge or seal the record. This process differs by state, but it usually involves:
- Filing a petition with the court
- Showing proof that the charge was dismissed
- Attending a court hearing
- Paying a fee
Once the charge is sealed or expunged, it shouldn’t show up on future background checks.
What Employers Need to Know
Employers must be careful not to break the law when using background checks. If they use pending charges unfairly, they could be sued or fined under federal or state anti-discrimination laws.
The Equal Employment Opportunity Commission (EEOC) recommends that employers:
- Avoid automatic rejection based on arrest or pending charges
- Look at the nature of the job and the charge
- Give the applicant a chance to explain
Employers should always use background checks responsibly and fairly.
Important Legal Acts That Protect Individuals
Here are a few national and state-level legal protections:
- Fair Credit Reporting Act (FCRA): Requires background check companies to give accurate and up-to-date information. If there is an error, it must be corrected.
- Ban the Box Laws: These laws prevent employers from asking about criminal history too early in the hiring process.
- State-level discrimination laws: Many states have their own civil rights laws protecting job seekers.
Final Thoughts
Pending charges are not the same as criminal convictions. Still, many people face challenges because of them during job or housing searches. The good news is that several U.S. states have stepped up to protect individuals from unfair treatment based on pending charges.
Also Read:
- What Causes a Red Flag on a Background Check?
- What Is a Level 2 Background Check?
- Will a Warrant Show Up on a Background Check?
- How Much Does a Background Check Cost?
- Do Background Checks Show Employment History?
Frequently Asked Questions
Do pending charges show up in all states?
Pending charges may appear on background checks in many states, but not all. Some states have laws that stop employers or landlords from using pending charges in decisions. Other states still allow them. It depends on where you live and the type of background check being done.
Can I remove pending charges from my record?
Yes, in many cases, you can remove or hide pending charges by asking the court to expunge or seal them, especially if the charge was dropped. Each state has different rules, so it’s best to check with a local attorney or legal aid group for help with the process.
Do employers see dismissed or dropped charges?
In some states, employers may still see dismissed or dropped charges on a background check, but they should not use them in hiring decisions. Some states have laws that protect you. It’s a good idea to check your background report and dispute anything that’s no longer valid.
Which states protect people from pending charges?
States like California, Illinois, New York, Hawaii, and Massachusetts have strong laws that protect people from being judged for pending charges. These states stop employers from making unfair decisions based only on arrests that haven’t led to a conviction, helping people get fair chances.
How do I know what’s on my background check?
You can request your background report from your state police, the FBI, or background check websites. This helps you see what information employers or landlords might find. If something is wrong or outdated, you can ask for it to be corrected or removed legally. It’s your right.
