You're reviewing a background check report for a promising candidate, and there it is: a criminal record entry with a disposition listed as "nolle prosequi." Your hiring manager pings you on Slack asking what it means. Your recruiter wants to know if the candidate is still in the running. And you're sitting there thinking, "I handle onboarding, benefits enrollment, and compliance training. Now I need a law degree too?"
Disclaimer: This content is provided for informational purposes only and should not be construed as legal advice. Employers should consult qualified counsel for their specific situation.
You're not alone. Disposition is one of the most commonly misunderstood terms in background screening, and misreading it can lead to anything from a wrongful adverse action to a missed red flag. For HR professionals and hiring managers, understanding what a disposition actually means on a background check report is not optional. It's foundational to making fair, compliant, and informed hiring decisions.
When we talk about disposition meaning in the legal context, we're talking about the final resolution or current status of a legal matter. Think of it as the answer to a straightforward question: "What happened with this case?"
A disposition appears on court records and, by extension, on criminal background check reports. It could indicate that a person was convicted of a charge, that the charge was dismissed, that the person was found not guilty, or that the case is still pending. The disposition is the single most important data point on a criminal record entry because it tells you the outcome, not just the allegation.
Here's why that distinction matters so much for employers. An arrest record without a disposition tells you that someone was accused of something. It does not tell you they did it. Under the Fair Credit Reporting Act (FCRA): consumer protections for employment screening, and the Equal Employment Opportunity Commission's guidance on the use of criminal records in employment decisions, acting on an arrest alone, without understanding the disposition, can put your organization at serious legal risk.
Pro Tip: Always verify the disposition status on every criminal record entry before making any employment decision. If a disposition is missing or unclear, work with your background screening provider to obtain updated court records.
In a court setting, the disposition is the court's final determination regarding a case. It is the official outcome entered into the court record. When a judge or jury reaches a verdict, when a prosecutor decides to drop charges, or when a defendant enters a plea agreement, the result of that action is the disposition.
For example, imagine a candidate had a misdemeanor charge for disorderly conduct three years ago. The court disposition might read "dismissed," meaning the case was thrown out and no conviction resulted. Alternatively, it might read "guilty, sentenced to probation," which tells a very different story. Same charge, completely different outcomes. The disposition is what separates the two.
Court dispositions can also reflect procedural outcomes. A case might be "transferred" to another jurisdiction, "consolidated" with another case, or "continued" to a future date. Each of these tells you something specific about where the case stands.
Beyond the courtroom, disposition has a broader legal meaning. It can refer to the transfer or settlement of property, the final arrangement of a matter, or the outcome of any legal proceeding. In the context of employment background screening, however, the term almost always refers to the result of a criminal or civil court case.
What makes this tricky for employers is that disposition terminology varies by jurisdiction. One state's court system might use "nolle prosequi" (Latin for "we shall no longer prosecute") while another might simply say "dismissed by prosecution." Both mean roughly the same thing, but they look very different on a report. A PBSA-certified screening provider will help you interpret these variations accurately so you're not left guessing.
Not every disposition is created equal, and understanding the differences is critical for making sound hiring decisions. Here are the most common disposition types you'll encounter on background check reports.
Convicted / Guilty. The defendant was found guilty of the charge, either by plea or by verdict. This is the disposition that most directly factors into employment decisions, though even here, employers must consider the nature of the offense, how long ago it occurred, and its relevance to the job in question.
Not Guilty / Acquitted. The defendant was tried and found not guilty by a judge or jury. An acquittal means the court determined there was insufficient evidence to convict.
Dismissed. The case was thrown out, either by the judge or at the request of the prosecution. Dismissals can happen for many reasons: insufficient evidence, procedural errors, witness unavailability, or completion of a pre-trial diversion program.
Nolle Prosequi. The prosecutor chose not to pursue the case. This is functionally similar to a dismissal but originates from the prosecution's decision rather than the court's.
Pending / Awaiting Disposition. The case has not yet been resolved. This is a particularly sensitive category for employers because EEOC guidance discourages making adverse employment decisions based solely on pending charges, since the individual has not been found guilty of anything.
Deferred Adjudication / Deferred Disposition. The court delays entering a judgment, typically requiring the defendant to meet certain conditions over a specified period.
A final disposition is the ultimate, conclusive outcome of a court case. It means the matter has been fully resolved and there are no further proceedings expected. A conviction after sentencing is a final disposition. A dismissal with prejudice, meaning the case cannot be refiled, is a final disposition. An acquittal after trial is a final disposition.
Why does this matter for background screening? Because a case without a final disposition is, by definition, still in some stage of the legal process. Reporting on or making decisions based on cases that lack a final disposition requires extra caution. The FCRA places specific obligations on consumer reporting agencies regarding the accuracy and completeness of the information they report, and a missing final disposition is a gap that needs to be addressed before you act on it.
A deferred disposition is an arrangement where the court postpones its final judgment. Typically, the defendant agrees to meet certain conditions, such as completing community service, attending counseling, paying restitution, or staying out of legal trouble for a set period. If the defendant successfully meets all conditions, the charge may be dismissed entirely.
Did You Know: Deferred dispositions can sometimes lead to full case dismissals and may even qualify for expungement, depending on the jurisdiction. This means a record that initially looks concerning could ultimately result in no conviction at all.
For employers, deferred dispositions require careful interpretation. The case may still appear on a background check during the deferral period, and the way you treat it should align with your written screening policy, applicable state and local laws, and EEOC guidance on individualized assessments.
Background screening exists to help employers make informed decisions, and the disposition is the linchpin of that process. Without it, a criminal record entry is incomplete.
When a background screening provider searches court records, they're looking for case information that includes the charge, the jurisdiction, the date, and the disposition. A thorough, FCRA-compliant search doesn't stop at finding a record. It pursues the disposition to give you the full picture.
A background check that reports a charge without its disposition is not giving you the information you need to make a defensible decision.
Pro Tip: Consult with legal experts or your screening provider's compliance team to accurately interpret complex disposition records. Terms vary widely across jurisdictions, and what looks like a conviction in one state's terminology might be a deferred adjudication in another's.
The disposition on a criminal record doesn't just tell you what happened in court. It shapes your entire decision-making framework.
Misunderstanding dispositions is more common than most HR professionals would like to admit. Let's clear up two of the biggest myths.
This is perhaps the most damaging misconception. Many people hear the word "disposition" in the context of a criminal background check and immediately assume it means a conviction. In reality, a disposition is simply the outcome of a case, and that outcome can be favorable to the individual.
Dismissals, acquittals, and cases resolved through diversion programs all produce dispositions. Treating every disposition as a negative mark against a candidate is not only inaccurate, it could expose your organization to discrimination claims under the EEOC's guidance and applicable state laws.
On the opposite end, some employers assume that because they're "not allowed to discriminate based on criminal history," dispositions don't matter. This conflates the legal requirement for fair and individualized consideration with a blanket prohibition on considering criminal records at all.
Dispositions are the most relevant piece of information on a criminal record for employment purposes. They tell you whether a conviction actually occurred, what the sentence was, and when the case was resolved. Without the disposition, you cannot conduct the individualized assessment that the EEOC recommends and that many state laws require. Ignoring dispositions doesn't protect you from liability. It increases it.
Understanding disposition meaning is valuable, but only if you translate that understanding into practice. Here's how to put this knowledge to work.
Navigating the complexities of court dispositions, FCRA compliance, and multi-state hiring laws is a lot to manage on top of everything else on your plate. That's exactly why AccuSourceHR exists.
Our in-house counsel-led compliance team helps clients interpret disposition data accurately and apply it within the bounds of federal, state, and local law. As a founding member of the Professional Background Screening Association, we hold ourselves to the highest standards of accuracy and compliance in the industry. Our 100 percent US-based support team is FCRA-certified, which means when you call with a question about a confusing disposition on a report, you'll get a knowledgeable person on the line, not a voicemail. We're proud to have been recognized with HRO Today's Baker's Dozen award for Quality of Service.
Through our SourceDirect™ platform, we deliver clear, accurate background check reports that include complete disposition information, so you can make confident hiring decisions without second-guessing the data. When dispositions are missing or unclear, our research team pursues updated records so you're never left making decisions based on incomplete information.
We'd love to hear from you. What's the most confusing disposition term you've encountered on a background check report? Have you ever had to explain "nolle prosequi" to a hiring manager? Share your experiences by commenting on this post on LinkedIn, or contact our team to learn how AccuSourceHR can help you build a smarter, more compliant screening program.