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Pending Charges Background Check . Nevertheless, some states restrict the reporting and/or use of pending charges. If you have charges against you but your case has not been adjudicated, your case shows up on a background check as a pending case. Do Pending Charges Show Up On Your Criminal Record? from www.instantcheckmate.com As a result, you will likely still be flagged from the overarching state database. Traffic offenses will appear if they do a search of your driving record and arrests, and probation violations will appear if they do a court record check. But this is not the case everywhere.