My Case Is Reported as Pending on My Checkr Report, When It Was Closed. What Can I Do?
If Checkr is reporting your case as pending even though it was closed, dismissed, or resolved, this is a common background check error. Pending cases can legally appear on a background check, but Checkr must report them accurately. Showing a closed case as “pending” is misleading and may violate the Fair Credit Reporting Act (FCRA).
Why Checkr Shows a Closed Case as Pending
There are several reasons Checkr may pull outdated court information:
The court database isn’t updated yet.
Third-party criminal data sources still show the case as open.
Checkr pulled records during a court backlog or update delay.
Incorrect matching (wrong case number, wrong person, wrong date).
A dismissal or closure wasn’t recorded in digital court files.
Identity mix-ups or similar names in the database.
A case can be closed in court, but still look “pending” in older data systems unless everything updates correctly.
Is It Legal for Checkr to Report a Closed Case as Pending?
No. Under the FCRA, Checkr must ensure that your background check is accurate, complete, current, and not misleading.
Reporting a closed case as “pending” is considered inaccurate because it misrepresents the actual legal status of the charge. This can cost you job opportunities, which means you may have a valid FCRA claim.
What You Should Do If Checkr Reports a Closed Case as Pending
Get the official court records. Ask the courthouse for the final disposition, a dismissal order, or a case summary showing the final status. These documents are essential for proving the report is wrong.
Log in to the Checkr Candidate Portal. Look at exactly how Checkr is describing your case. If it says: “Pending”, “Open”, or “Awaiting disposition,” but you have proof it’s closed, that’s incorrect reporting.
File a dispute with Checkr. Tell them: the case is closed and you have documentation. Attach the official court papers. Checkr is required by law to reinvestigate.
Notify the employer. Tell them: “The background check contains incorrect information and is under reinvestigation.” This can prevent automatic disqualification.
Contact an attorney. If the mistake caused a job denial or delayed onboarding, you may be entitled to compensation.
How We Can Help
If Checkr reported your closed case as pending, we can dispute the error, correct your report, and pursue compensation for any harm the mistake caused. These inaccurate-status cases often qualify for strong FCRA claims.