A disposition is the final outcome, or current status, of a criminal charge. On a background check, it tells you whether a charge ended in a conviction, a dismissal, an acquittal, a diversion program, or is still pending. The disposition matters more than the charge itself, because it decides what you can lawfully consider in a hiring decision.
This guide explains the common disposition types, how they appear on a report, and what each one means for employers. For a broader look at report contents, see what a background check shows.
Disposition vs. charge vs. sentence
A criminal record usually has three parts:
- Charge: the offense the person was accused of.
- Disposition: how the court resolved that charge, such as convicted, dismissed or acquitted.
- Sentence: the penalty after a conviction, such as a fine, probation or jail time.
Dispositions apply to each charge, not to the whole case. One case can have a conviction on one count and a dismissal on another. Read every charge line, not just the case summary.
Common disposition types
| Disposition | What it means | What it means for employers |
|---|---|---|
| Convicted (guilty, no contest, nolo contendere) | The court found the person guilty, or they pleaded guilty or no contest. | A conviction can be considered, subject to state and local fair chance laws and an individualized assessment. |
| Pending (open, awaiting trial, held to answer) | The case is not resolved yet. | Most states let employers consider pending charges, but the person is presumed innocent. |
| Dismissed (nolle prosequi, withdrawn, dropped) | The prosecutor or court ended the charge without a conviction. | Treat as non-conviction information. Many states bar using it in hiring. |
| Acquitted (not guilty) | A judge or jury found the person not guilty. | Treat as non-conviction information. It should not count against the candidate. |
| No charges filed | The person was arrested, but the prosecutor never filed charges. | An arrest alone is not proof of conduct. Several states bar using it. |
| Deferred adjudication or diversion | The person completed a program or probation, and the charge was dismissed or never entered as a conviction. | Often treated as non-conviction. California and other states restrict asking about or using it. |
| Sealed or expunged | A court ordered the record closed or erased. | It should not appear on a report. If it does, the candidate can dispute it. |
| Vacated or set aside | A court cancelled an earlier conviction. | Generally no longer a conviction. Confirm the current status before acting. |
Courts use different words for the same outcome. A county court may say “nolle prosequi” where another says “dismissed by prosecutor.” When a term is unclear, ask your background check provider what it means in that jurisdiction.
What “no disposition” or “disposition unknown” means
Sometimes a record shows a charge with no outcome. This usually happens because court or arrest databases were never updated, or because the record came from a source that tracks arrests but not court results. The EEOC has noted that arrest records are often incomplete and may lack a final disposition.
A missing disposition does not mean the person was convicted. Before acting on it, confirm the outcome with the court record. When VICTIG finds a charge with no disposition, its research team checks the court for the current status, upcoming court dates and active warrants before reporting.
How long dispositions can be reported
The Fair Credit Reporting Act (FCRA) sets federal limits for background checks run by a consumer reporting agency:
- Convictions have no federal time limit.
- Arrests and other non-conviction records can be reported for seven years from the date of entry, unless the job is expected to pay $75,000 or more a year.
The seven years start when the charge is entered, not when it is dismissed. In Moran v. The Screening Pros (2019), the Ninth Circuit held that reporting a later dismissal effectively reveals an outdated charge.
Many states set stricter limits, and the stricter rule applies. Our guide to FCRA-compliant background check services covers the wider compliance picture. Here is how VICTIG applies those limits:
- Felony convictions are reported without a time limit, except in states with stricter rules, such as California, New York and Washington.
- Misdemeanor convictions are reported for 10 years from the file date, or less where state law sets a shorter limit.
- Deferrals, diversions and similar alternative dispositions are reported for up to seven years, where state law allows.
- Salary-based limits: in states where the lookback depends on pay, VICTIG researchers confirm the salary range with the employer before reporting.
- Shorter lookbacks: employers can ask in writing for a shorter period, such as five years, to match their own policy.
What employers should do with a disposition
- Read each charge line. Note the disposition and its date for every count.
- Separate convictions from everything else. Dismissals, acquittals and “no charges filed” are not evidence of misconduct.
- Check your state and city rules. Some bar considering non-conviction records, diversion or sealed cases.
- Treat pending cases carefully. Consider the charge only if it relates to the job, and remember the person is presumed innocent.
- Assess convictions individually. Weigh the nature of the offense, how long ago it happened, and the job’s duties, as the EEOC recommends.
- Follow the adverse action process. Send a pre-adverse action notice with a copy of the report and a summary of rights, give the candidate time to respond, then send the final notice. See everything employers need to know about adverse action.
For a full look at arrests on reports, see our guide Do arrests show up on background checks?
How VICTIG helps
VICTIG’s criminal background checks cover county, statewide and federal court records, including pending cases. VICTIG is PBSA accredited, averages a 1.8-day turnaround, and answers emails in an average of 7 minutes. VICTIG reports filed charges and convictions, not arrest data, and reports pending charges only where state law allows.
FAQ
What does case disposition mean?
It is how the court resolved a criminal charge, or where the charge stands now. Common dispositions are convicted, dismissed, acquitted, deferred and pending.
Is a disposition the same as a conviction?
No. A conviction is one type of disposition. A record can show a disposition of dismissed or not guilty, which means there was no conviction.
What is a disposition date?
The date the court recorded the latest outcome for a charge. For non-conviction records, the FCRA’s seven years run from the date the charge was entered, not the disposition date.
What does “disposition pending” mean?
The case is still open. The charge has not been resolved, and the person is presumed innocent.
What if a background check shows no disposition?
The outcome was never recorded in the source searched. It does not mean the person was convicted. Confirm the result with the court before acting on it.
Can an employer use a dismissed charge?
Usually not as a reason to reject someone. The EEOC says an arrest alone does not prove misconduct, and several states bar using non-conviction records.
Do deferred adjudication or diversion cases show up?
They can, depending on the state and whether the record was later sealed. Some states, including California, bar employers from asking about or using them.
