Jobseekers should be ready for hiring managers to conduct background checks as part of the interview process. As an applicant, you may wonder what you should do before a background check for pending cases you may have on your record. Depending on the state you live in, a pending criminal case may not appear on a background check. For example, pending misdemeanors charges will not appear in Arkansas. However, you still need to be ready in case the employer discovers anything. Ordinarily, an employer cannot use a criminal background against a candidate unless the crime was severe, relevant to the job and recent. Some employers will naturally work around the law to avoid hiring someone with any criminal background. Therefore, it may work to your best interest to get ahead of any pending cases by informing the hiring manager of any pending cases. If you believe the pending case will serve as an extreme detriment, then you can always consult with an attorney to review your options. A lawyer will inform you of protections offered by the Equal Employment Opportunity Commission.