When a court record shows a case as “not disposed,” it means no final outcome has been entered — no verdict, no dismissal, no settlement, no judgment. The case is still open on the court’s docket, and the judge still has authority over it. That status can show up on a background check even when nothing has happened in the case for years, which is why most people run into the term in the first place.
“Disposition” is simply the court’s word for a final resolution. Until a judge signs a closing order, or a prosecutor or plaintiff formally ends the matter, the file stays active. Every agency and company that pulls your court records will see it that way too.
Why a Case Stays Open
A not disposed status can mean several very different things. Figuring out which one applies to you decides what you do next.
- Active warrant. If a defendant failed to appear, the judge usually issues a bench warrant. The case cannot move forward, and the clerk cannot close it, until the person is located or surrenders.
- Ongoing proceedings. Cases still in discovery, awaiting trial, or working through pretrial motions have no disposition because the court has not decided them yet.
- Diversion or deferred adjudication. When a defendant enters a pretrial diversion program, the case stays open while they complete it. Successful completion typically leads to dismissal; failure can restart the prosecution.1United States Department of Justice. Justice Manual 9-22.000 – Pretrial Diversion Program
- Continuances and scheduling delays. Either side can request postponements, and busy courts sometimes reschedule hearings months out.
- Clerical error. Occasionally a judge rules but the court staff never updates the digital record. The case looks open even though it was actually resolved. This happens more often than people expect, and it is the easiest version to fix.
How It Appears on a Background Check
Background check companies pull data from court records and report what they find. A case with no final disposition typically shows up with the original charges or claims listed, labeled “pending” or “not disposed.” There is no guilty finding attached, but the open case is still visible to the employer, landlord, or agency that requested the report.
The Fair Credit Reporting Act limits how long some records can appear. Arrests cannot be reported more than seven years after the arrest date. The same seven-year limit applies to civil suits, civil judgments, and most other negative information. Criminal convictions are the exception — those have no federal time limit and can be reported indefinitely.2Office of the Law Revision Counsel. 15 U.S. Code 1681c – Requirements Relating to Information Contained in Consumer Reports
For an undisposed criminal case, the seven-year clock runs from the date of the arrest or charge, not from some future disposition. A case that has been sitting open for more than seven years without a conviction generally should not be appearing on your background check at all. Some states apply shorter windows or restrict non-conviction reporting further.
Employers who order background checks through a third-party company must notify you and get written permission first under the FCRA. If they decide not to hire you because of something in the report, they must give you a copy and a chance to respond before the decision becomes final.3Federal Trade Commission. Background Checks – What Employers Need to Know
Where an Open Case Can Cause Problems
An arrest by itself is not proof of anything, and federal guidance tells employers as much. The EEOC’s enforcement guidance says an employer cannot refuse to hire you solely because of an arrest record; they may only consider the underlying conduct, weighed against the seriousness of the offense, how much time has passed, and the nature of the job.4U.S. Equal Employment Opportunity Commission. Questions and Answers About the EEOCs Enforcement Guidance on Consideration of Arrest and Conviction Records For federal jobs and federal contractor positions, the Fair Chance to Compete for Jobs Act generally bars questions about criminal history until after a conditional offer, and many states and cities have similar “ban the box” laws for private employers.5U.S. Equal Employment Opportunity Commission. Arrest and Conviction Records – Resources for Job Seekers, Workers and Employers
Housing works similarly. Fair housing rules prohibit blanket policies that reject every applicant with any criminal record, but the specifics of how landlords may use pending-case information vary by state and locality. If a landlord denies your application because of an open case, ask for the reason in writing.
Other consequences are easier to overlook:
- U.S. Customs and Border Protection disqualifies applicants with pending criminal charges or outstanding warrants from Global Entry and other trusted traveler programs.6U.S. Customs and Border Protection. Eligibility for Global Entry
- A pending criminal charge, especially a felony, can cause a delay or denial on a firearm purchase run through the federal background check system.
- State licensing boards for professions like law, medicine, nursing, and education typically ask about pending charges, and an undisposed case can slow or complicate licensing.
How to Check What Your Record Actually Shows
Before trying to fix anything, confirm what the record currently says.
- Most state court systems offer free online case search tools. You can look up records by name or case number. The detail varies by state.
- Federal cases are searchable through PACER, the Public Access to Court Electronic Records system. Anyone can register for an account and look up case summaries, dockets, and filed documents.7PACER. Find a Case
- The clerk of court in the courthouse where the case was filed is the most reliable source. The clerk can tell you the exact current status, whether any hearings are scheduled, and whether a disposition was entered but never posted online.
How to Get the Case Closed or Corrected
What you do depends on why the case is showing as open.
If the Case Was Already Resolved
When a judge issued a ruling but the record was never updated, you need a certified copy of the final judgment or dismissal order. Request it from the clerk’s office in the court that handled the case. Clerks charge a small fee that varies by jurisdiction. Bring the certified copy back to the clerk and ask them to correct the digital record.
If the Case Is Genuinely Still Open
If the matter is actually unresolved — an outstanding warrant, a stalled proceeding — the underlying issue has to be addressed before a disposition can be entered. That usually means appearing in court, either on your own or through an attorney. For old cases with warrants, an attorney can sometimes arrange a voluntary surrender and an immediate hearing.
If a criminal case has sat open for an unusually long time, you have options beyond simply waiting. The Sixth Amendment guarantees a speedy trial, and both federal and state laws set deadlines for bringing cases forward. The U.S. Supreme Court evaluates delay claims using four factors: how long the delay lasted, the reason for it, whether the defendant asserted the right to a speedy trial, and whether the delay harmed the defense.8Legal Information Institute (LII) at Cornell Law School. Reason for Delay and Right to a Speedy Trial In federal cases, prosecutors must file charges within 30 days of an arrest and begin trial within 70 days of charges, with certain periods excluded.9Office of the Law Revision Counsel. 18 U.S. Code 3161 – Time Limits and Exclusions An attorney can assess whether a motion to dismiss is realistic.
If You Completed Diversion
Finishing a diversion or deferred adjudication program should produce a dismissal, but the court will not always update the record on its own. Get proof of completion from the program administrator and file it with the clerk’s office. The court can then enter the dismissal and close the case.
Fixing an Outdated Background Check
Correcting the court record does not automatically fix what a background check company is reporting. The FCRA gives you the right to dispute inaccurate information directly with the reporting company. Once you submit a dispute, the company must reinvestigate within 30 days. If you add new relevant information during that period, the company can take up to 15 additional days, for a 45-day maximum.10Office of the Law Revision Counsel. 15 USC 1681i – Procedure in Case of Disputed Accuracy
A dispute lands best when it includes the certified copy of the disposition or dismissal order, your full name and case number, and a clear explanation of what is wrong. Send it to the background check company’s compliance or dispute department. If the company fails to correct the information in the required window, you can file a complaint with the Consumer Financial Protection Bureau or pursue a claim under the FCRA.11Consumer Financial Protection Bureau. A Summary of Your Rights Under the Fair Credit Reporting Act