If you have charges that haven’t been resolved, you may be wondering whether an employer or licensing board will see them. Usually, yes: pending charges often appear on background checks, but how they appear depends on the type of check.
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Do pending charges show up?
| Type of check | Do pending charges show? |
|---|---|
| FBI fingerprint check | The arrest usually appears; the outcome is blank until the court reports it |
| Oregon state check | Often shows the arrest and open case |
| Name-based employer screening | Often shows open court cases found in county records |
So the arrest is visible, but there is no conviction yet. An employer sees an open question, not a verdict.
What employers in Oregon can consider
Rules depend on the job. Some licensing boards and positions working with children or vulnerable adults must consider certain pending charges. Many private employers are limited in how they use criminal history. If you’re unsure, talk to an employment attorney or the agency running the check.
What you can do
- Check your own record so you know exactly what an employer will see.
- Be upfront if an application asks about pending charges.
- Keep court documents ready to show the status of the case.
- After the case ends, make sure the final outcome reaches the FBI, especially for dismissals. See how to read and fix your FBI report.
Related questions
- Do dismissed charges show up?
- Do warrants show up?
- Can you fail an FBI background check?
- What does “Consider” mean?
How pending charges affect specific checks
- FBI fingerprint checks show the arrest and charge, usually without an outcome until the court reports one.
- Name-based employer checks may show a pending case found in court records.
- Licensing boards often ask you to report pending charges on the application, and may wait for the outcome before deciding.
- Immigration and visa applications usually ask about arrests and pending cases. Answer honestly and get legal advice.
Tips while your case is open
- Keep copies of your charging documents and court dates.
- Tell the employer or board yourself, briefly and honestly, if asked.
- Once the case is resolved, get a certified copy of the final outcome.
- Request your own FBI record after the case closes to make sure the outcome was reported. See how to read your FBI report.
Pending charges and Oregon jobs
Oregon employers that run background checks must follow state and federal rules, and federal guidance encourages them to consider how a charge relates to the job rather than rejecting every applicant with an open case. Some jobs, such as those working with children or vulnerable adults, have stricter rules set by law or by the licensing agency.
If you are unsure how a pending case affects a specific job or license, ask an attorney or legal aid office. For your own peace of mind, you can see your FBI record before you apply through our FBI background check service.
Frequently asked questions
Will a pending charge stop me getting a license?
It depends on the board and the charge. Many boards pause or review the application until the case is resolved.
Should I wait until my case is over?
If you can, applying after a dismissal or resolution, with court paperwork in hand, usually goes more smoothly.
This article is general information, not legal advice.
