Can Checkr See Pending Charges?
Yes. Checkr can see pending charges, and they often appear on background checks because the case is still open in the court system. Pending cases are considered public record, which means background check companies are legally allowed to report them unless restricted by state law.
Why Does Checkr Report Pending Charges?
Checkr pulls data from court databases that update daily. If your case has not been resolved, the system will show it as “pending” or “open.” Common reasons pending charges appear include:
The court case is still active.
Delays between hearings or filings.
The court hasn’t updated its database yet.
The prosecutor has not entered a dismissal.
Data brokers are reporting outdated or incomplete information.
Even if your attorney expects the case to be dismissed, Checkr may still show it until the court officially closes it.
Is It Legal for Checkr to Report Pending Charges?
Under the Fair Credit Reporting Act (FCRA), background check companies may report pending criminal cases.
However, reporting must be accurate, complete, up-to-date, and not misleading
If Checkr reports a wrong pending charge, a duplicate charge, or a case that has already been resolved, this may become an FCRA violation, and you could be entitled to compensation.
What Should You Do If Checkr Incorrectly Reports a Pending Charge?
You should:
Obtain your full Checkr report
Confirm the current status of your case with the court
File a dispute with Checkr if the case is outdated or inaccurate
Provide documentation, such as a dismissal order
Seek legal help if an employer denied you a job over an incorrect report
Incorrect pending charges can lead to major employment losses, and you may have the right to recover damages.
We Can Help
If Checkr reported a false pending charge, our attorneys can help dispute the error, correct your record, and pursue compensation for any harm caused under the FCRA.