Pending criminal charges do not automatically disqualify you from a job, and knowing how to get a job with pending charges comes down to three things: understanding what an employer will see, disclosing carefully, and using the legal protections that limit how your charges can be held against you. Most employers run background checks, pending charges typically appear on them, and federal and state laws impose real rules on how employers can use that information. Preparation beats avoidance every time.
What Shows Up on a Background Check
Pending charges show up on most standard background checks. Unlike a conviction, which is a final legal outcome, a pending charge means formal accusations exist but no verdict has been reached. Employers typically see the charge itself, the date, and the court where it was filed. They do not see whether the evidence is strong or weak, whether you have a defense, or how the case is likely to end. That missing context is exactly why the law imposes limits on how employers can use the information.
Under federal law, a consumer reporting agency cannot include an arrest record on a background report if more than seven years have passed since the arrest date.1Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports Convictions have no federal reporting time limit. Some states shorten the window or prohibit reporting arrests that never resulted in a conviction, so what an employer actually receives depends on where you live.
Run your own background check before you start applying. Services typically cost $10 to $50, and the report shows you exactly what an employer will see. If something is inaccurate, you can dispute it with the reporting agency before it costs you a job offer.
Whether to Disclose on the Application
Read the application question exactly as written. Some applications ask only about convictions. Pending charges are not convictions, so answering “no” to a conviction-only question is truthful. Other applications ask about pending charges specifically, or about any arrests. The wording determines what honest disclosure looks like.
Federal law does not require you to volunteer information about pending charges. But lying on a job application, even by omission when a question directly asks about pending matters, can be grounds for termination if discovered later. That remains true even if the charges are eventually dismissed. When an application asks a direct question, answer honestly and briefly, without volunteering unnecessary detail. Something like “pending misdemeanor charge, happy to discuss” is enough. Save the context and explanation for the interview, where you can speak to a person rather than a checkbox.
How to Talk About It in the Interview
If the topic comes up in an interview, keep your explanation short and forward-looking. Acknowledge the situation without minimizing it, note that the case is unresolved, and steer the conversation back to what you bring to the role. Employers are not looking for a legal defense. They want to know you are reliable, honest, and unlikely to create problems. Demonstrating those qualities in person counts for more than most applicants expect.
Making Yourself a Lower-Risk Hire
Two federal programs give you concrete talking points that reframe you as a lower-risk hire.
The Federal Bonding Program, administered through the Department of Labor, provides fidelity bonds of $5,000 to $25,000 that protect employers against losses from dishonest acts by bonded employees. The bond is free to the employer, takes effect on the first day of work, and lasts six months.2U.S. Department of Labor. US Department of Labor Awards $725K to Help At-Risk Workers People with criminal records are specifically eligible. Mentioning it during an interview shows initiative and directly addresses the risk concern many employers have.
The Work Opportunity Tax Credit historically allowed employers to claim up to 40% of the first $6,000 in wages paid to a qualifying hire, including people convicted of a felony and hired within one year of conviction or release. The credit maxed out at $2,400 per eligible worker, with a reduced rate of 25% for employees working fewer than 400 but at least 120 hours.3Internal Revenue Service. Work Opportunity Tax Credit The program expired on December 31, 2025, and as of early 2026 Congress has not renewed it, though bipartisan legislation to extend it through 2030 has been introduced. Note that the credit is tied to a conviction, not a pending charge, so its relevance to you depends on how your case resolves. Check the IRS website for updates.
Fair Chance and Ban-the-Box Laws
Fair chance hiring laws, commonly called “ban the box,” remove criminal history questions from initial job applications so you get evaluated on your qualifications first. These laws do not prevent employers from ever asking about your record. They delay the question until later in the process, usually after an interview or a conditional job offer.
Roughly 37 states and more than 150 cities and counties have adopted some form of fair chance policy. About 17 states extend the rules to private employers, not just government agencies, and the employee-count threshold varies. Where these laws apply, the typical structure is a conditional offer, then a background check, then an individualized assessment before the offer can be withdrawn. Some jurisdictions require the employer to notify you in writing about what it found and give you a chance to respond. Where no fair chance law applies, an employer can ask about criminal history right on the application, and many do.
Your FCRA Rights During the Background Check
The Fair Credit Reporting Act gives you concrete protections when an employer uses a background check in a hiring decision. First, the employer must tell you in writing, in a standalone document, that it plans to pull your consumer report, and it must get your written permission before doing so.4Federal Trade Commission. Using Consumer Reports: What Employers Need to Know That notice cannot be buried inside a job application.
If the employer decides not to hire you based on something in the report, the law requires two steps. Before the final decision, the employer must send you a pre-adverse action notice that includes a copy of the report and a document called “A Summary of Your Rights Under the Fair Credit Reporting Act.”4Federal Trade Commission. Using Consumer Reports: What Employers Need to Know That gives you a chance to review the report and point out errors before the decision becomes final. After a reasonable opportunity to respond, the employer can then send a final adverse action notice. The statute does not set a specific waiting period, but regulators and courts generally expect at least five business days.
Many applicants do not realize the pre-adverse notice is required. If an employer simply rejects you without going through these steps, it has violated federal law.
Limits on Using Arrests and Pending Charges
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin.5U.S. Equal Employment Opportunity Commission. Title VII of the Civil Rights Act of 1964 Criminal records are not mentioned in the statute, but the EEOC has said that blanket policies rejecting anyone with a criminal record can violate Title VII when they disproportionately exclude people of a particular race or national origin.
For pending charges, the EEOC draws an important line. An arrest alone does not establish that you did anything wrong, and excluding someone based solely on an arrest is not job-related or consistent with business necessity. An employer can consider the conduct underlying the arrest if that conduct would make you unfit for the specific position. A pending fraud charge is more relevant to a financial position than to a warehouse job. The EEOC expects employers to weigh the nature and gravity of the offense, the time that has passed, and the nature of the job through an individualized assessment rather than a one-size-fits-all exclusion.6U.S. Equal Employment Opportunity Commission. Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act You have a right to provide that context.
Special Situations
Licensed Professions
Licensed fields like healthcare, finance, law, and education add a layer because licensing boards run their own background investigations, separate from any employer’s check. Boards generally weigh the seriousness of the alleged offense, how it relates to the duties involved, and any evidence of rehabilitation. Some let you proceed through licensing with charges pending and defer the final decision until the case resolves. Others pause your application. Contact the relevant board early. Waiting until it discovers the charges on its own is almost always worse than proactive disclosure. Certain forms, such as the FINRA Form U4 for securities professionals, require direct disclosure of pending charges, and omission is itself a separate violation.7FINRA. Uniform Application for Securities Industry Registration or Transfer
Federal Jobs and Security Clearances
Federal civilian employment uses a suitability framework under OPM regulations. A pending charge does not automatically disqualify you. Under 5 CFR 731.202, agencies must weigh the nature and seriousness of the conduct, the circumstances, how recent it was, your age at the time, and evidence of rehabilitation.8eCFR. 5 CFR Part 731 – Suitability and Fitness
Security clearances are stricter. Even allegations of criminal conduct can trigger concern, regardless of whether formal charges were filed. If you already hold a clearance and charges surface, your access may be temporarily suspended.9eCFR. Adjudicative Guidelines for Determining Eligibility for Access to Classified Information Mitigating factors include the passage of time, evidence the conduct was isolated, circumstances unlikely to recur, and clear rehabilitation. Dismissal or acquittal is itself a listed mitigating factor. Concealment is the worst move; self-reporting demonstrates the candor adjudicators are looking for.
Pretrial Diversion
If your attorney is negotiating pretrial diversion, successful completion typically leads to the charges being dismissed, and you generally will not have a conviction on your record. While you are enrolled, the charges may still appear as pending on background checks until the court formally dismisses them, sometimes for months. Keep documentation of your enrollment handy. Whether you must disclose participation depends on the exact wording of the application and on local law; some states explicitly prohibit employers from considering participation in a diversion program.
If You Get an Offer, Read the Contract Carefully
Many employment contracts include clauses that allow the employer to terminate you if you are arrested, charged, or convicted of a crime during employment. Some use broader language about conduct that reflects poorly on the company. Morality clauses are common in education, healthcare, financial services, and any role involving public trust. If pending charges existed before you were hired, the question is whether the contract treats pre-existing charges differently from new ones.
You can often negotiate terms that account for your situation: a probationary period with clear benchmarks, a deferred start date tied to the resolution of your case, or a written acknowledgment that the employer knows about the pending charges. Any of these can protect you if someone later argues you concealed the situation. An employment attorney’s review before you sign is worth the cost.
If You Were Rejected in Violation of Your Rights
If an employer used a background check but skipped the FCRA’s pre-adverse action notice, you can file a complaint with the Federal Trade Commission or pursue a private lawsuit. The FCRA allows recovery of actual damages and, in cases of willful noncompliance, statutory damages.
If you believe the rejection was discriminatory under Title VII, meaning the employer’s criminal history policy disproportionately excluded people of your race or national origin, you can file a charge of discrimination with the EEOC. You generally have 180 calendar days from the discriminatory act to file, extended to 300 days if a state or local agency enforces a similar anti-discrimination law.10U.S. Equal Employment Opportunity Commission. Time Limits for Filing a Charge You must file with the EEOC before bringing a Title VII lawsuit in court.11U.S. Equal Employment Opportunity Commission. Filing a Charge of Discrimination
Gather evidence before you file. Save rejection letters, screenshots of postings, email correspondence, and notes about anything said in interviews. If the employer told you directly that the pending charges were the reason, that is strong evidence. Remedies in successful EEOC claims can include a job offer, back pay, or compensatory damages. An employment lawyer can evaluate whether your situation is worth pursuing and which legal theory gives you the best chance.