How Employers Treat Pending Criminal Charges Like a Conviction In Texas

You’re in the middle of a criminal case that hasn’t been resolved yet. Maybe you were arrested, charges were filed, but you’re still waiting for your day in court. You know you haven’t been convicted of anything: and you might never be. But when you start applying for jobs, you quickly discover something frustrating: many employers don’t seem to care about that distinction.

The reality is that employers often treat pending criminal charges almost exactly like convictions when making hiring decisions. It’s unfair, it’s often illegal, and it can devastate your ability to find work while you’re dealing with legal problems. Let’s talk about why this happens and what you can do about it.

What’s the Difference Between Pending Charges and a Conviction?

This might seem obvious, but it’s worth spelling out because employers don’t always act like they understand the difference.

A pending charge means you’ve been accused of a crime, but nothing has been proven in court. You haven’t been found guilty. The case is still working its way through the legal system. Maybe you’ll be found not guilty. Maybe the charges will be dropped. Maybe you’ll take a plea deal for something much less serious.

A conviction means you were found guilty (or pleaded guilty) to a criminal charge. The case is over, and you have an official criminal record for that offense.

Legally speaking, these are two completely different things. A pending charge is just an allegation: it’s supposed to be treated like the accusation it is, not like proof of guilt.

But Employers Don’t Always See It That Way

Here’s where things get frustrating. Even though pending charges and convictions are legally different, many employers lump them together when making hiring decisions. When a background check shows pending charges, employers often react the same way they would to a conviction.

Why does this happen? A few reasons:

Fear and liability concerns. Some employers worry about hiring someone with pending charges because they’re afraid of potential workplace problems or legal liability if something goes wrong.

Lack of understanding. Not all employers understand the legal distinction between charges and convictions, or they don’t want to take the time to figure out what pending charges actually mean.

Playing it safe. When employers have lots of applicants to choose from, it’s easier to just move on to someone without any criminal justice involvement rather than dig deeper into a complicated situation.

Company policies. Some companies have blanket policies against hiring anyone with any kind of criminal record: even pending charges that might never result in a conviction.

Real-Life Consequences of This Treatment

When employers treat pending charges like convictions, it creates serious problems for people who are still fighting their cases:

Lost Job Opportunities

You might be the perfect candidate for a job, but a pending charge can knock you out of consideration before you even get an interview. This is especially common with jobs that involve working with vulnerable populations, handling money, or require professional licenses.

Delayed Hiring Decisions

Some employers will tell you they’re interested but want to wait until your case is resolved before making a final decision. This sounds reasonable, but criminal cases can drag on for months or even years. You can’t wait that long to work.

Rescinded Job Offers

In some cases, employers will offer you a job, then pull the offer back after the background check reveals pending charges. This is particularly crushing when it happens: you thought you had the job, maybe even gave notice at your current job, only to have the rug pulled out from under you.

Financial Hardship

When you can’t find work because of pending charges, you’re dealing with legal expenses at the same time you’re losing income. This creates a vicious cycle where you need money for legal defense but can’t earn money because of the legal case.

Damage to Your Reputation

Even when charges are eventually dropped or you’re found not guilty, the damage to your employment prospects can linger. Some employers will remember that you had “legal trouble” even if you were never convicted of anything.

Pressure to Take Bad Plea Deals

When pending charges are destroying your ability to work, you might feel pressured to resolve your case quickly by taking a plea deal that’s not in your best interest: just to get the uncertainty over with so you can start job hunting again.

What the Law Actually Says

Here’s what’s particularly frustrating about this situation: employers aren’t supposed to treat pending charges the same as convictions, at least not under federal employment law.

The Equal Employment Opportunity Commission (EEOC) has made it clear that employers should conduct “individualized assessments” before rejecting candidates based on criminal history. This means actually looking at the specific situation rather than having blanket policies.

For pending charges specifically, employers are supposed to consider:

Whether the alleged conduct is actually relevant to the job
How long ago the incident occurred
Evidence that the charges might be dismissed or reduced
Your overall qualifications for the position

Some states have even stronger protections. In California, for example, employers generally can’t ask about arrests that didn’t lead to convictions, and they can’t use that information against you in hiring decisions.

The Problem with Background Checks

One reason employers treat pending charges like convictions is that background checks often present them in confusing ways. When a background check shows criminal activity, it might not clearly distinguish between charges, convictions, dismissed cases, and ongoing cases.

Employers who don’t understand how to read these reports might see “criminal activity” and assume the worst, even when the actual record shows that charges are still pending or were eventually dismissed.

This is why it’s important to be proactive about explaining your situation when you know a background check will reveal pending charges.

Industries That Are Particularly Strict

Some industries are more likely to treat pending charges harshly than others:

Healthcare and eldercare facilities often have strict policies because they work with vulnerable populations and have regulatory requirements.

Financial services companies worry about theft and fraud, so they’re often cautious about any charges involving dishonesty: even pending ones.

Government jobs and positions requiring security clearances typically have little tolerance for any criminal justice involvement.

Jobs working with children often have the strictest policies of all, sometimes excluding people with pending charges even when the charges have nothing to do with children or violence.

What You Can Do About This Situation

If you’re dealing with pending charges and looking for work, here are some strategies:

Be Strategic About When You Apply

If possible, you might want to wait until your case is resolved before starting a serious job search: especially if your lawyer thinks the charges will likely be dismissed or reduced.

Be Honest But Smart About Disclosure

Only disclose what the application specifically asks for. If an application asks about “convictions,” pending charges don’t count. But if they ask about “charges” or “arrests,” you need to be honest.

Get Legal Help

An experienced criminal defense attorney can often speed up your case or get charges reduced or dismissed. The faster you resolve your legal situation, the sooner you can focus on finding work without this cloud hanging over you.

Know Your Rights

Research the laws in your state about what employers can and can’t ask about criminal history. Some states have “ban the box” laws that limit when employers can ask about criminal history.

Consider Jobs with More Flexible Policies

Some employers are more willing to look at individual situations rather than applying blanket policies. Smaller companies, certain industries, and companies with explicit second-chance hiring policies might be more open to considering your application.

Remember: You Haven’t Been Convicted of Anything

This is the most important point: if you’re dealing with pending charges, you haven’t been convicted of anything. You’re still innocent until proven guilty, even if it doesn’t always feel that way when you’re job hunting.

Don’t let employers’ unfair treatment of pending charges pressure you into making bad decisions about your legal case. Your criminal case is more important than any single job opportunity, and resolving it properly should be your priority.

Get Legal Help for Your Situation

Every criminal case is different, and every employment situation has its own complications. If you’re dealing with pending charges that are affecting your ability to work, you need legal advice from someone who understands both criminal law and employment law.

At C.L. Swisher Legal Group, we understand how pending charges can impact every aspect of your life: including your ability to earn a living. We work to resolve cases as quickly as possible while protecting your rights and your future.

Don’t let pending charges ruin your career prospects. The sooner you get experienced legal help, the sooner you can put this situation behind you and get back to building your life.