Q: Will my pending criminal case show up on a background check?

A: It's best to assume that a pending case will show up on a background check because any arrest is public record immediately and can be found by anyone sophisticated enough to look at a court's docket.

Q: Are all background checks the same?

A: No, there are many different types of background checks conducted by hundreds of different companies. Each company may have its own policy on what information to access.

Q: Do most background check companies have access to pending cases?

A: Most background check companies primarily have easy access to conviction records. Finding a pending case usually requires going specifically to a jurisdiction and looking at court dockets, which is more challenging but not impossible.

Q: Are government agencies able to find pending cases?

A: Yes, most government agencies, such as public schools and hospitals, are sophisticated enough to find pending cases immediately.

Q: Can a company hold a pending case against me?

A: Unfortunately, yes. There is no constitutional right preventing a company from judging you based on a pending case. If a company decides not to hire you because of it, they are allowed to do so.

Q: Do all companies reject applicants with pending cases?

A: Not all companies will reject applicants with pending cases. Some companies need employees so urgently that they may overlook pending cases. It also depends on the type of case and the job you are applying for.

Q: What should I do if I have a pending case and need a job?

A: 1. Assume that the pending case will show up on a background check. 2. Apply to three times as many companies as you would normally, as one of them might not care about the pending case. 3. Consider informing potential employers about your pending case; some may be sympathetic. 4. Continue your job search despite the pending case, as waiting for the case to resolve could take a long time.