Yes, pending charges do show up on a background check in California. State law allows consumer reporting agencies to include criminal cases that have been filed but not yet resolved, so a prospective employer or landlord running a report can see an active case against you.1California Legislative Information. California Civil Code CIV 1786.18 What California tightly restricts is what can be done with that information. A pending charge is rarely, by itself, a lawful reason to lose a job offer or an apartment.
What a California Background Check Can Include
Most background checks for employment, housing, and licensing in California are governed by the Investigative Consumer Reporting Agencies Act.2California Legislative Information. California Civil Code Title 1.6A – Investigative Consumer Reporting Agencies Civil Code Section 1786.18 is the core rule, and it draws a sharp line between unresolved cases and finished ones.
Pending matters are reportable. The statute says records of arrest, indictment, or misdemeanor complaint “may be reported pending pronouncement of judgment.” Once a case closes, the limits take hold. An arrest that did not lead to a conviction has to come off the report. Convictions older than seven years, measured from the date of disposition, release, or parole, drop off. Anything sealed, expunged, or pardoned cannot appear at all.1California Legislative Information. California Civil Code CIV 1786.18
The seven-year cap is a California-specific protection. Federal law under the Fair Credit Reporting Act lets convictions be reported indefinitely.3Office of the Law Revision Counsel. 15 USC 1681c California’s stricter rule controls for reports produced in this state.
What an Employer Can Do With a Pending Charge
California’s Fair Chance Act, in Government Code Section 12952, governs how employers with five or more employees handle criminal history. It works in stages, and skipping them carries real liability.
Before a Job Offer
Employers cannot ask about your criminal history on an application, during interviews, or at any point before extending a conditional offer. Questions about convictions are off the table while you are being evaluated on qualifications.4California Legislative Information. California Government Code 12952
After a Conditional Offer
Once an offer is on the table, the employer can run a background check. If something turns up, they cannot automatically rescind. They have to conduct an individualized assessment that weighs three things:4California Legislative Information. California Government Code 12952
- The nature and gravity of the offense.
- How much time has passed since the offense or completion of sentence.
- Whether the offense actually relates to the duties of the job.
Certain information is off-limits even after a conditional offer: arrests that did not lead to conviction, participation in pretrial or posttrial diversion, and sealed or expunged convictions.4California Legislative Information. California Government Code 12952
Pending charges occupy an awkward middle. The statute’s framework is written around “conviction history,” and a pending case is not a conviction. The ban on considering “an arrest not followed by conviction” does not cleanly cover a pending case either, because the case is still live. Most employment lawyers advise employers to treat a pending charge with the same caution as a conviction and run the individualized assessment rather than deny you on the spot.
The Notice You Are Owed
If the employer decides to withdraw the offer based on criminal history, they have to send you a written preliminary notice first. That notice has to identify the specific conviction or charge driving the decision, include a copy of the background check report, and explain your right to respond.4California Legislative Information. California Government Code 12952
You get at least five business days to reply. You can challenge the accuracy of the report, submit evidence of rehabilitation, or provide any mitigating context. If you tell the employer in writing that you are disputing the report and gathering evidence, you get an additional five business days.4California Legislative Information. California Government Code 12952 The employer must consider what you submit before making a final call.
If any step is skipped, you can file a complaint with the California Civil Rights Department within three years of the violation.5California Civil Rights Department. Fair Chance Act FAQ Because the Fair Chance Act is enforced through the Fair Employment and Housing Act, remedies can include back pay, hiring orders, and damages.
Jobs Where the Rules Are Different
Not every position falls under these protections. Roles that require a state license, involve law enforcement, or carry significant public trust are often subject to separate statutes that override the usual limits. The Fair Chance Act carves out exceptions where a specific law requires a criminal background review, and Civil Code 1786.18 can be bypassed when a regulatory agency requires the employer to see records the standard rules would exclude.1California Legislative Information. California Civil Code CIV 1786.18
These checks typically run through Live Scan, which electronically submits your fingerprints to the California Department of Justice. The DOJ returns a Record of Arrest and Prosecution, commonly called a RAP sheet, the most complete criminal history summary available in the state.6California Department of Justice. Fingerprint Background Checks A RAP sheet shows things a standard consumer background check does not.7California Legislative Information. California Penal Code 11105
If you are applying in education, healthcare, banking, or law enforcement, expect a pending charge to get closer scrutiny and expect the employer to have less discretion. In banking, federal law bars anyone convicted of an offense involving dishonesty or breach of trust from working at an FDIC-insured institution. That trigger is a conviction or entry into a pretrial diversion program rather than a pending charge alone, but an open case involving those categories of conduct will attract attention from compliance staff.8Federal Deposit Insurance Corporation. Your Guide to Section 19
Pending Charges and Rental Applications
The same reporting agencies that produce employment reports also produce tenant screening reports, and pending charges will appear on those too. California fair housing rules, though, keep a pending charge from being a lawful basis for denial.
Landlords cannot consider arrests that did not result in a conviction. A denial based on criminal history has to rest on a past conviction, not an open case.9Civil Rights Department. Fair Housing and Criminal History FAQ Sealed or expunged convictions, juvenile adjudications, and diversion participation are also off-limits, and a blanket policy of rejecting anyone with any criminal history violates the rules.10California Civil Rights Department. Fair Housing and Criminal History Fact Sheet
If a landlord denies you based on a screening report, federal law requires an adverse action notice naming the reporting agency, stating the agency did not make the decision, and telling you how to dispute inaccurate information and get a free copy of the report within 60 days.
Landlords must also get your written consent to run the report, and the screening fee is capped. Civil Code Section 1950.6 sets a $30 base limit per applicant, adjusted annually for inflation since 1998, so the current cap is somewhat higher.11California Legislative Information. California Civil Code 1950.6 The fee has to reflect actual costs and must be returned if the landlord never uses the report.
Other Consequences of a Pending Charge
Two consequences people often miss sit outside employment and housing.
Federal law makes it a crime for anyone under indictment for an offense punishable by more than one year of imprisonment to receive or transport a firearm.12Office of the Law Revision Counsel. 18 USC 922 The bar applies at indictment on a felony-level charge, not at conviction. Attempting to buy a firearm while a felony case is pending is itself a separate federal offense.
Travel depends on your release conditions. A pending charge by itself does not keep you from leaving the state or country, but bail or pretrial release terms often require surrendering a passport, staying within the jurisdiction, or both. Separately, the U.S. Department of State can refuse to issue a passport if you have an outstanding felony arrest warrant, state or federal, or are subject to a court order barring you from leaving the country.13eCFR. 22 CFR 51.60 A pending misdemeanor without a warrant or travel-restricting order generally will not block passport issuance.
How To See Your Own Record First
You can request your own criminal history from the California Department of Justice before anyone else does. Doing this before a job search gives you time to catch errors and prepare to address anything that comes up.
The request runs through Live Scan. You fill out a Request for Live Scan Service form (BCIA 8016RR), take it to a certified operator, and get your fingerprints scanned.14California Department of Justice. Request for Live Scan Service – Record Review The DOJ charges a $25 processing fee, and the Live Scan operator sets its own service fee. If you meet income or hardship criteria, you may qualify to waive the $25 DOJ fee.15California Department of Justice. Apply for a Fee Waiver
The DOJ mails you your RAP sheet. Remember that it is the fuller version of your record and may show more than a standard consumer report would. If something on it is wrong, you can start a challenge through the DOJ’s record review process.
What Changes When the Case Ends
Once a pending case resolves, what remains on your record depends on how it ended.
If the charges are dismissed or you are acquitted, the arrest must stop appearing on consumer background checks. Civil Code 1786.18 cuts off reporting once it is clear the arrest did not result in conviction.1California Legislative Information. California Civil Code CIV 1786.18 For cases resolved through prefiling diversion, you can petition the court to seal the arrest record. Once sealed, you can legally say you were not arrested for that charge, with narrow exceptions for peace officer applications.16California Legislative Information. California Penal Code 851.87
If the case ends in a conviction, California now runs one of the broader automatic record relief programs in the country. Under SB 731, the Department of Justice reviews its databases monthly and identifies convictions eligible for relief. Misdemeanors become eligible one year after sentence completion. Felonies, other than serious, violent, or sex-offense felonies, become eligible four years after you finish incarceration, probation, and supervision, provided no new felony convictions in that window.17California Legislative Information. Senate Bill 731 No petition is required; relief is granted automatically when you qualify.
However the case ends, pulling a fresh DOJ record afterward is the surest way to confirm the outcome was recorded correctly. Background check errors are common, and fixing one before it costs you a job or an apartment is far easier than fixing it after.