Will A Job Hire You If You Have Criminal Charges Pending?

How Employers View Pending Criminal Charges

Pending criminal charges mean formal accusations have been filed, but no conviction has occurred. While the law presumes innocence, employers often view this situation with caution. Their hiring decisions typically weigh both risk and reputation.

Employers may hesitate to bring someone on board if they’re unsure how the legal matter will unfold. A pending charge could mean future disruptions, like court appearances or the possibility of incarceration. This concern often intensifies for roles involving sensitive data, financial responsibility, or public-facing duties.

Even in lower-risk roles, a pending charge can raise red flags, especially if the allegations relate directly to the position. A retail employer may think twice about hiring someone charged with theft. Likewise, healthcare or childcare employers may be extra cautious when charges involve personal safety.

Still, not all employers treat pending charges as dealbreakers. Some are willing to evaluate the whole picture: your skills, your demeanor, and your willingness to be upfront. This is where Texas-specific hiring rules come into play.

Texas Hiring Laws & Criminal Backgrounds

Under U.S. law, employers have broad discretion to consider criminal records. However, some local rules create safeguards for applicants with prior arrests or charges, especially in the early stages of hiring.

In Texas, certain jurisdictions like Austin and DeSoto have adopted “ban the box” ordinances. These rules prohibit both public and private employers from asking about criminal history on initial applications. The idea is to let applicants showcase their skills before background checks enter the picture.

However, these protections aren’t statewide. In most Texas cities, private employers can investigate criminal history at any stage, and may weigh pending charges when making hiring decisions.

Some roles are also exempt from these protections. Jobs that involve vulnerable populations (e.g., healthcare, education, government agencies) often require early disclosure of criminal history. Others, like licensed professions or security-sensitive roles, involve background screening as part of state or federal compliance.

In short, local laws can offer a bit of breathing room, but your best bet is to be prepared and strategic.

Strategies To Improve Job Prospects With Pending Charges

A pending charge is a challenge, but it’s not a dead end. These strategies can help position you as a qualified, trustworthy candidate even before your legal case is resolved.

Be Honest & Brief About The Situation

If asked about pending charges, be truthful. Focus on the facts, not the emotion, and shift the conversation toward what you’re doing to move forward. Mention any legal steps you’ve taken, like participating in a diversion program or hiring legal counsel. Employers appreciate honesty paired with accountability.

Target Smaller Or Independent Companies

Large corporations often rely on strict HR policies when reviewing applicants with criminal records. But smaller companies and local businesses may take a more personal approach. If you make a strong impression and explain your situation openly, they may be more willing to give you a chance.

Lean Into Your Network

Don’t underestimate the power of referrals. Someone in your network who knows your work ethic can help bypass red tape. Ask trusted mentors or colleagues to vouch for you or recommend you for roles where your pending charge is less of a concern.

Use Legal Tools To Limit Visibility

Legal mechanisms like deferred adjudication or expungement may help keep your record from showing up on background checks:

• Deferred adjudication allows you to avoid a conviction if you complete court requirements.
• Expungement (once eligible) can erase an arrest or dismissed case from public view entirely.

These tools are not available during the active phase of your case, but your attorney can explain how they may apply later. Knowing what’s possible helps you plan long-term, even while you job hunt.

Why Legal Support Can Make A Difference

Even if you plan to be transparent with employers, the legal process is complex. A criminal defense lawyer can do more than just protect your rights in court; they can also protect your future job prospects.

Here’s how:

Negotiating For Deferred Adjudication Or Case Dismissal

Attorneys can negotiate with prosecutors to resolve your case in ways that reduce penalties or even dismiss the charge. A cleaner resolution means less baggage in your background check.

Helping You Understand Your Rights

Your lawyer will explain what employers can and can’t ask, and when. They’ll guide you on how to discuss your record legally and appropriately.

Prepping You For Disclosure

If you’re applying for a job that will involve a background check, your attorney can help you prepare a short, professional explanation of your legal situation.

Reclaim Control Over Your Future

A pending charge shouldn’t be the end of your job search; it should be the beginning of your comeback story. At Arlington Criminal Attorneys, we help people navigate the legal system with an eye on their future. Whether you’re facing a misdemeanor or a more serious offense, we focus on strategies that protect your rights and your career.

We work to reduce charges, explore diversion or expungement options, and help clients avoid unfair setbacks during the hiring process. With our legal support, you’ll have a team committed to clearing the path so you can move forward on your terms.