Explaining What "Disposition" Means in a Criminal Background Check
Background checks provide a detailed look into a person’s prior employment and legal history. When looking into a person’s criminal background, you may have come across the term “disposition” and wondered what exactly that means. After all, being well-versed in what court terms mean can help you judge an applicant fairly and make
As a disclaimer, CGA Solutions cannot provide legal advice nor are we a law firm. We are, however, licensed to conduct private investigations for individuals, businesses, and legal entities such as law firms. This article is intended to explain a term commonly heard or seen when conducting a background check to help you make important, next-step decisions.
For further guidance on conducting a background check or investigation, schedule a free consultation with our PI firm. We are licensed in Georgia and South Carolina.
Criminal Background Checks for Employers
When investigating a candidate’s criminal record, an employer will be able to find under the Fair Credit Reporting Act (FCRA), a non-conviction in a criminal record appears on a background check for up to seven years. But the outcome of the court case is highly important to understand in making key decisions. Given this, the type of information you may find in a criminal background check is:
- Date and type of offense
- The severity of the offense
- Disposition and its date
- Details of Sentence
A Disposition Is the Outcome in a Legal Case
Plain and simple, a disposition is the verdict of the court case. This means the perpetrator was formally arrested and charged for In a background check, this is an important factor in understanding as much of the situation as the law permits. The disposition outcome can be one of the following:
- Guilty
- Not guilty (or acquitted)
- Charges dropped
In some states, a background check may not show a court case if the person was found not guilty. A disposition can also disclose the date of their disposition hearing and if a person has been convicted or not, but not the punishment, or if they served jail time. The information surrounding the punishment of the verdict is disclosed in the court sentencing.
Difference Between a Disposition and Sentencing
The disposition is the verdict that the jury decides on while the sentencing is the punishment that comes out of being found guilty, or pleading guilty. The sentencing that a person could be charged with includes fines, community service, and prison time, and the amounts required to pay or serve. A person being convicted of a crime will receive a sentencing.
Pending Disposition Charges
A court case that’s under the status “pending charges” or something similar means the charge or charges filed by a prosecutor is still going through the court process and has not reached a plea agreement or verdict.
The time frame between an arrest and reaching a disposition relies on a variety of different factors, such as the amount of evidence required to gather, the current caseload the court has, and the caseload work the police department also has. It’s hard to really know from a third party source when the disposition hearing will be as that is not something that you should expect to find in a standard criminal background check.
Dispositions Showing Up in a Background Check
What may show up on a background check depends on your state’s laws. However, most standard criminal background checks reveal criminal offenses at the federal, state, and county levels. But for the most part, an arrest record that has been expunged should not show up in an employment background check, but a criminal case that’s pending or closed will most likely show up. But again, different state laws have different processes and proceedings.
In Georgia, for example, if the background check only involves an official Georgia criminal history check, the pending case likely will not show up unless the person was fingerprinted when they were charged. When conducting a thorough background check, it’s important to follow all state and federal regulations as well as making sure you have all the information you need to make a decision.
[RELATED: Common Mistakes Made on a Background Check]
For assistance in running a background check, or conducting a background investigation in Georgia and South Carolina, reach out to CGA Solutions.
