A pending suspended license misdemeanor will appear on most background checks before conviction
A pending misdemeanor charge — including suspended license violations — shows up on background checks run by employers, landlords, and other organizations. The charge appears as an arrest record or court filing, not as a conviction, because you have not yet been found guilty. This distinction matters: many background check companies flag pending charges differently than convictions, and some employers or landlords treat them differently too.
What appears depends on which background check is run. Criminal background checks pull from court records and show pending charges. Employment screening companies often include these. Tenant screening reports vary — some include pending charges, others do not. The key point is that the charge exists in the public record now, and anyone running a thorough check will find it.
The timing also matters. If your case is still pending, the charge will show as "pending" or "awaiting trial." Once the case closes — whether by conviction, dismissal, or acquittal — the record updates to reflect the outcome. Until then, the pending status is what appears.
Key Takeaways
- Pending misdemeanor charges appear on most criminal background checks as arrests or court filings, separate from convictions.
- Employment background checks often include pending charges, though the format and prominence vary by screening company.
- Tenant screening reports sometimes include pending charges and sometimes do not, depending on the company's data sources.
- The record will show "pending" status until your case closes, at which point it updates to show the outcome.
- You can request your own background report to see exactly what appears before an employer or landlord sees it.
What employers see when they run a background check
Most employers use third-party screening companies like Checkr, Sterling, or GoodHire to run criminal background checks. These companies pull from county court records, and pending charges show up in those records. The charge will appear with your name, the charge description (suspended license misdemeanor), the date of arrest or filing, and the current status (pending).
Whether the employer cares about a pending charge depends on the job and the employer's policy. Some employers ignore pending charges entirely and only care about convictions. Others flag any criminal history, pending or not. A few will hold a job offer pending the outcome of your case. There is no legal standard here — it is up to the employer.
The suspended license misdemeanor is generally considered a lower-level offense, so it may carry less weight than a felony or violent crime would. But that does not mean it will be ignored. If the job involves driving or requires a clean record, the pending charge could still affect your chances.
How landlords and tenant screening companies handle pending charges
Tenant screening reports are less standardized than employment background checks. Some screening companies (like Checkr or TransUnion) include pending criminal charges. Others focus only on convictions. When a pending charge does appear, it shows up in the criminal history section of the report, usually marked as "pending" or "awaiting disposition."
Landlords vary widely in how they respond to pending charges. Some treat them the same as convictions and deny the process. Others see a pending charge as less serious than a conviction and may still rent to you, especially if the charge is minor. A few will ask you about it directly and make a decision based on your explanation and the rest of your process.
The best approach is to disclose the pending charge upfront if the landlord asks about criminal history. Lying or omitting it is worse than the charge itself — it gives the landlord a reason to reject you beyond the original offense. If you explain the situation honestly, some landlords will move forward anyway.
Checking what actually appears about your case
You can order your own background report from the same companies that employers and landlords use. This lets you see exactly what will appear before anyone else sees it. The three major background check companies are Checkr, Sterling, and GoodHire, but there are dozens of others. You can also request your criminal record directly from the county court where your case is pending.
To get your record from the court, contact the criminal records department or clerk's office in the county where you were arrested or cited. Most courts allow you to request records by mail, phone, or in person. Some charge a small fee (usually under $10). The court will send you a certified copy of all filings in your case, which shows the charge, the arrest date, and the current status.
Ordering a background report from a commercial company is faster and shows you what employers will actually see. Most allow you to order your own report online for $20 to $50. You will get a copy of what appears in their system, and you can dispute any errors before an employer or landlord pulls the same report.
What happens to the record if your case is dismissed
If your suspended license misdemeanor is dismissed or you are acquitted, the record does not disappear automatically. Instead, it updates to show the dismissal or acquittal. The charge will still appear on background checks, but it will show the outcome — "dismissed," "acquitted," or "case closed."
Some states allow you to petition for record expungement or sealing after a dismissal, which removes the record from public view. Other states do not allow expungement for misdemeanors, or only allow it after a waiting period. If expungement is available in your state, you would need to file a petition with the court after the case closes. Until then, the dismissed charge remains visible on background checks.
Even with a dismissal showing, some employers and landlords still see it as a negative mark. The fact that you were charged is still there, even though you were not convicted. This is why it is important to know what appears and to be prepared to explain it if asked.
How to address a pending charge when explore for a job or apartment
If you know a pending charge will appear on your background check, the safest approach is to mention it yourself before the employer or landlord discovers it. This gives you control over the narrative and shows you are being honest. You can say something like: "I have a pending misdemeanor charge for a suspended license violation. The case is still in court, and I expect it to be resolved by [date]. Here is what happened: [brief, factual explanation]."
Keep your explanation short and factual. Do not make excuses or over-explain. Do not lie or downplay the charge. If the employer or landlord asks follow-up questions, answer them directly. If they ask whether you have a criminal record, a pending charge is technically not a conviction, but it is still a criminal charge — be clear about that distinction.
Some employers and landlords will move forward despite the pending charge. Others will not. There is no way to know until you ask. But being upfront gives you a better chance than having them discover it on the background check and wondering why you did not mention it.
Frequently Asked Questions
Will a pending misdemeanor show up on a background check for a rental process?
It depends on the screening company. Some tenant screening reports include pending charges, others do not. Even if it appears, some landlords ignore pending charges and only care about convictions. The best approach is to disclose it upfront if asked about criminal history, rather than hoping it does not show up.
Can I get a job with a pending misdemeanor charge?
Yes, many employers will hire you despite a pending charge, especially if the job does not involve driving or require a clean record. Others will not. It depends on the employer's policy and how serious they view the charge. Being honest about it upfront gives you the best chance.
Does a pending charge count as a criminal record?
A pending charge is a criminal charge, but it is not a conviction. Most people distinguish between the two. When asked "Do you have a criminal record?" on a job process, a pending charge is technically not a conviction yet, but you should still disclose it if the form asks about arrests or charges, not just convictions.
How long does a pending misdemeanor stay on a background check?
It stays on the background check until your case closes. Once the case is resolved — by conviction, dismissal, or acquittal — the record updates to show the outcome. Even after dismissal, the charge may remain visible on background checks in most states, though it will show as dismissed.
Can I have the charge removed from my background check before the case closes?
No. The charge is part of the public court record, and it will remain there until the case is resolved. You cannot remove it early. Once the case closes, you may be able to petition for expungement or sealing in some states, but that requires a separate legal process after the case ends.