Do Pending Charges Show on a Background Check in Georgia?

Yes, pending charges generally do show on a background check in Georgia. An unresolved criminal case is part of the public record from the moment of arrest or formal charging, and it stays visible to employers, landlords, and anyone else running a reasonably thorough screening until the case ends. Federal law caps how long certain arrest information can be reported, and both federal and state rules limit what a decision-maker can do with what they find, but the baseline answer is that the charge will surface.

Where Background Check Companies Find Pending Charges

Two separate pools of information feed Georgia background checks. The first is the Georgia Crime Information Center (GCIC), the state’s central criminal history repository run by the Georgia Bureau of Investigation. A GCIC record includes identification data, arrest information, court dispositions, and any incarceration history.¹ If you were fingerprinted at your arrest, the pending case is tied directly to this central database and is especially likely to appear on any official report.²

The second pool is the public court records kept by Georgia’s trial courts. Case filings, hearing dates, charges, and outcomes are generally open to anyone. Most private background check companies build their reports from these court records rather than from GCIC, because Georgia does not sell GCIC data to private businesses. To pull an official GCIC report on another person, you need that person’s signed consent, or you are limited to querying felony conviction records only.¹

Either way, the result is the same for someone with an open case. Court records show it. GCIC shows it. Assume any reasonably thorough background check will pick it up.

How a Pending Charge Looks Different From a Conviction

Background reports label the two differently, and the label matters. A pending charge means the legal process is still underway and no guilt has been established; reports typically flag these as “pending,” “open,” or “arrest.” A conviction reflects a final guilty verdict, a guilty plea, or a nolo contendere plea.³ Reports mark these as “convicted,” “guilty,” or “disposed.”

One point catches people off guard. A nolo contendere plea is not treated as a pending charge or as a non-conviction. Even though you are not formally admitting guilt, Georgia treats nolo the same as a conviction for criminal history purposes. It appears on your record the way a guilty plea would and counts as a prior offense if you face a later charge.

The Seven-Year Limit on Reporting Arrests

Federal law puts one meaningful ceiling on how far back a consumer reporting agency can reach. Under the Fair Credit Reporting Act, agencies cannot include arrest records that are more than seven years old, measured from the date of the arrest.⁴ The seven-year cap applies only to arrests that did not lead to a conviction. Convictions can be reported indefinitely.

There is an exception. The seven-year cap does not apply if the job you are applying for pays $75,000 or more per year.⁴ For higher-salary positions, older arrests can still show up.

A charge that is pending right now is, of course, within that window. The seven-year rule matters more for older arrests that resolved without a conviction and are still being reported.

What an Employer Can and Cannot Do With a Pending Charge

Seeing the charge is one thing. Using it against you is another, and federal law gives you more protection here than most applicants realize.

The EEOC Position on Arrests

The Equal Employment Opportunity Commission’s enforcement guidance states that an arrest by itself does not prove criminal conduct occurred, and an employer cannot lawfully exclude someone based on the mere fact of an arrest.⁵ An employer may consider the conduct underlying the arrest if that conduct would make you unfit for the specific position, but the burden is on the employer to show the connection is job-related and consistent with business necessity.

When weighing a criminal record, the EEOC points to three factors known as the Green factors: the nature and gravity of the offense or conduct, the time that has passed since the offense or completion of any sentence, and the nature of the job held or sought.⁵ The EEOC also recommends that employers conduct an individualized assessment: telling you your criminal history may be a problem, giving you a chance to explain, and then reconsidering based on what you share.

Your Right to Notice Before an Adverse Decision

If an employer uses a consumer reporting agency for the background check and plans to reject you based on what it finds, federal law requires a two-step process before the rejection becomes final. First, the employer must send you a pre-adverse action notice that includes a copy of the background report and a written summary of your rights.⁶ Then the employer has to wait a reasonable period, generally five to seven business days, before taking final action. That window exists so you can review the report and challenge anything wrong before the decision is locked in.

Disputing an Error on the Report

If the report contains a mistake, such as a pending charge that was actually dismissed or the wrong offense entirely, you have a federal right to dispute it with the consumer reporting agency. The agency must conduct a free reinvestigation and either correct or delete the disputed item within 30 days of your dispute.⁷ That deadline can extend to 45 days if you submit additional information during the investigation, but only if the original entry has not already been found inaccurate.

Pending Charges and Rental Applications

Landlords in Georgia also run background checks, and pending charges can surface in tenant screening the same way they do in employment screening. The Fair Housing Act applies: a landlord cannot deny housing based solely on the fact of an arrest. The analysis is similar to the employment context, looking at the nature of the offense, when it occurred, and whether it has any direct connection to tenant safety or property protection. The FCRA’s adverse action requirements also apply to landlords who use consumer reporting agencies, so you are entitled to notice and a copy of the report before a final denial.

Clearing the Record After the Case Ends

Once your pending charge reaches a final outcome, Georgia law provides a way to seal qualifying records from public view through a process called record restriction, expanded significantly by the Second Chance Act in 2020. A restricted record stays accessible to courts, law enforcement, and criminal justice agencies, but it drops off background checks run by private companies, employers, and landlords.⁸

Non-conviction outcomes are broadly eligible. Charges that were dismissed or nolle prossed, acquittals, cases where the grand jury returned two no bills, and cases where the grand jury returned one no bill with a specified waiting period all qualify. Successful completion of drug court, mental health, or veterans treatment programs followed by dismissal also qualifies.⁸

In some situations, restriction is automatic. When an arrest is never referred for prosecution, GCIC will restrict the record on its own after a waiting period passes with no charging document filed. The waiting periods are two years for misdemeanors, four years for most felonies, and seven years for serious violent felonies and certain sexual offenses involving victims under 16.⁸

For arrests after July 1, 2013, there is no application form. You contact the prosecuting attorney’s office to request restriction. For older arrests, you apply in writing to the arresting law enforcement agency, which submits the approved request or a court order to GCIC for processing.⁹ Certain misdemeanor convictions can also be restricted by petitioning the sentencing court, though DUI, sex offenses, and family violence convictions are not eligible, and the lifetime cap is two misdemeanor restriction petitions.⁸

Pull Your Own Record First

Before an employer or landlord sees it, you can request your own GCIC criminal history report, known as a Purpose Code U report. Only you or your attorney can obtain it. Most local law enforcement agencies in Georgia can process the request. The cost typically runs between $10 and $25, and you need to appear in person with valid identification. If you believe you have an outstanding warrant, do not walk into an arresting agency to request your record; consult an attorney first.

Reviewing your record ahead of time lets you confirm how the pending charge is listed, catch any disposition that was not properly recorded, and figure out whether you are eligible for restriction. If you find inaccurate information on your GCIC record, the Georgia Crime Information Center has a process for review and correction.¹

1
Georgia Bureau of Investigation. Obtaining Criminal History Record Information Frequently Asked Questions
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Georgia Bureau of Investigation. Georgia Crime Information Center
3
Justia Law. Georgia Code 17-14-2 – Definitions
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Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports
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U.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
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Office of the Law Revision Counsel. 15 USC 1681b – Permissible Purposes of Consumer Reports
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Office of the Law Revision Counsel. 15 USC 1681i – Procedure in Case of Disputed Accuracy
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Justia Law. Georgia Code 35-3-37 – Criminal History Record Information; Review; Corrections; Restriction of Access for Certain Dispositions
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Georgia Bureau of Investigation. Georgia Criminal History Record Restrictions