Criminal Law Questions? Ask a Criminal Lawyer.
Good morning. A lot depends on the type of check that is done. The reason why I say this is because if the case is still open, the check may look for convictions or cases where a disposition has been entered. However, in this case, it is pending, so unless they look and check for arrest records and not just case outcomes, it may not appear. Now, if it does, then you should explain to them how you intend to proceed, since even though you have not plead to the charge, if the outcome is not favorable, they may terminate you once and if they find out about it. Moreover, they could ask if you have any open cases, whereby you need to disclose this to them. I know you rather not tell them about it but even if they do not see it now, if and when you plea to the charge or are found guilty at trial, if you fight it and lose, they may fire you at that time.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!