What Does Disposition Mean on a Background Check?
Share this article:
Key Takeaways
- A disposition is a court’s determination concerning a criminal charge.
- “Convicted” and “acquitted” are not the only dispositions. There are about eight dispositions that can result from an arrest and court proceeding.
- Disposition is different from criminal sentencing.
- If a job candidate has a criminal record, an understanding of the various dispositions is critical in evaluating the candidate. You must also understand the restrictions on how court data such as disposition can be used.
What Is Disposition?
A disposition is the court’s final determination regarding a person arrested for a criminal offense. “Convicted” (guilty) and “acquitted” (not guilty) are common dispositions, but there are others. For example, the charges could be dismissed, or the proceedings could be deferred while the person completes a diversionary program.
Most dispositions on criminal records are final dispositions, but a disposition can also be pending. Pending dispositions can change as the court proceedings play out.
A disposition relates to one specific offense. If a defendant is charged with three crimes resulting from the same arrest, each of them will have its own disposition.
What Does Disposition Mean?
If a person has been arrested, there is likely to be a record that will turn up on a criminal background check, even if the person was not ultimately convicted of the crime. In these cases, it’s important to understand each disposition meaning law provides for. If the individual pleaded guilty or was found guilty, there is a crime that an employer may want to take into consideration. There may be other dispositions of interest to an employer.
A background check will often find criminal cases that are in process. If the disposition is “pending” or “awaiting disposition,” there’s a possibility that the person may be found guilty in the near future. Similarly, if the disposition involved probation or deferred sentencing, it’s possible that person will violate the court’s terms, causing a change in the disposition to “convicted.”
Whenever an employer is looking at a criminal record, regardless of disposition, they must comply with the Fair Credit Reporting Act (FCRA), which regulates how a criminal background search may be ordered and what may be done with the results. Employers and CRAs must also comply with state and local laws that may put additional restrictions on the use of background checks. Companies may not unfairly discriminate against applicants with criminal records.
What Is a Disposition Hearing?
Despite its name, a disposition hearing does not necessarily determine disposition. It’s a hearing that typically takes place after an arraignment, which was when changes were formally filed.
At a disposition hearing, the defendant may enter a plea or change a plea. The accused’s attorney may ask for a delay in order to build a defense. A disposition hearing is a step along the path to reaching a disposition, but does not necessarily determine what the disposition is.
What Does Sentencing Mean?
A sentence is the consequence imposed on a convict as a result of pleading guilty or being found guilty. It could be a fine, a jail sentence, community service or probation. There may be a deferred jail sentence that will be imposed only if the person fails to comply with conditions set by the court, such as completing a diversionary program or avoiding subsequent offenses.
The sentence will often appear on a criminal record from a background search. You might see the date of the conviction and the length of any jail sentence.
Disposition vs. Sentencing: What are the Differences?
A disposition and a sentence both occur as the outcome of a criminal proceeding, but they are different descriptions of the outcome. A disposition tells you that the person was arrested and accused, and indicates what happened as a result. Sentencing exists only if the person pleaded guilty or was convicted.
Every criminal case should have a disposition. A disposition tells you the outcome of the case, whether the person was ultimately found guilty or not. However, if the disposition indicates that the individual was convicted, it doesn’t tell you whether they went to jail or for how long. That’s what sentencing information describes: the type of punishment, and, if a jail sentence was involved, the length.
Disposition Terms to Know
To effectively evaluate a criminal record, you need to understand disposition terminology. The wording varies from state to state, but most jurisdictions use similar basic terms to describe the outcome of a criminal proceeding. These are the dispositions that are typical found on criminal records:
- Convicted. The person has either pleaded guilty or been found guilty. In some cases the disposition will be more specific, i.e., “convicted, plead guilty” or “adjudicated guilty.” In other cases you won’t know which of these applies.
- Acquitted. An acquittal may occur when a person is found not guilty at trial. It might also happen when a court rules that there is not enough evidence for a trial.
- No charges filed. After arrest or accusation, the prosecutor decided not to move forward. Sometimes this will be called “declined” or “dropped.”
- Charges dismissed. Charges were filed but then dropped by either a judge or the prosecutor.
- Pending. The case is continuing, and the disposition should change at some point.
- Deferred adjudication or diversion. The court has deferred judgment. This is often done as part of a plea agreement, and if the accused meets some requirements, e.g., community service or drug or alcohol treatment, the case may be dismissed.
- Suspended sentence. Sentencing is delayed. The final disposition of the case depends on whether the defendant meets requirements such as community service or a treatment program.
- Sentence vacated. There was a guilty plea or verdict, but it has been set aside. The person is no longer considered guilty of the crime.
Bottom Line
Effective background searches reveal a lot about an applicant and their past. Criminal records show whether a person was convicted and what sentence they received. Records also show disposition, which is the status or outcome of a criminal proceeding. These can show more than just conviction or acquittal, for example, they might show that charges were dropped or that sentencing was deferred. They may also show that the final disposition is pending.
For accurate and compliant retrieval of criminal records, CRAs can rely on Eagle Eye Screening Solutions. Our
nationwide coverage ensures that we understand the ins and outs of state and local
court record-keeping and can reliably deliver information about disposition and other aspects of criminal proceedings.
Connect with Us:
