Can First Advantage See Pending Charges?

Yes. First Advantage can see pending charges, and they often appear on background checks because the case is still open in the court system. Pending cases remain public record until the court officially resolves them.

Why Does First Advantage Report Pending Charges?

Common reasons include:

• The case is still open in the court system

• Hearing dates or filings have been delayed

• Court databases have not yet updated

• A dismissal has been filed but not processed

• Third-party databases still show the case as “pending”

Even if your lawyer expects the case to be dismissed, First Advantage may still report it until the court updates its records.

Is It Legal for First Advantage to Report Pending Charges?

Under the Fair Credit Reporting Act (FCRA), reporting pending criminal cases is allowed.
However, First Advantage must ensure all information is:

• accurate

• up-to-date

• complete

• not misleading

If the pending charge is outdated, incorrect, duplicated, or already resolved, reporting it may be an FCRA violation.

What Should You Do If First Advantage Incorrectly Reported a Pending Charge?

Here’s what to do:

1. Get a copy of your First Advantage report

2. Check the current status of your case with the court

3. Gather documentation such as dismissal orders

4. File a dispute with First Advantage

5. Contact an attorney if the mistake affected a job offer

Incorrect pending charges are common and may qualify for legal compensation.

How We Can Help

First Advantage can report pending charges, but inaccurate or outdated pending cases are illegal under the FCRA. A false pending status may entitle you to compensation.

Have other questions? Ask away!