Disposition vs. Sentencing: What’s the Difference?

Michelle Wilson - March 3, 2022

While it’s always a good idea to run a background check on a potential hire, there may be a few terms that aren’t part of your regular vocabulary, particularly relating to the criminal component of the report. Are there differences between disposition and sentencing? What does the term acquit mean versus not guilty? Do these items influence how you should treat the potential applicant?

Before you try to determine what each of these items mean, here’s a closer look at two standard terms and how they might impact your background check review. More importantly, here’s how to make an informed decision about the potential applicant and how employment laws might influence those decisions.

Getting Into a Background Check

A background check provides valuable insight to prospective employers about the individuals they’re about to hire. It allows hiring managers to make informed and educated decisions about the people you hire – minimizing the risk while continuing to safeguard your employees and assets.

Both sentencing and disposition directly relate to an outcome of a legal case, but the terms refer to different aspects of the process. Let’s break down common definitions and how they might influence your candidate selection moving forward to make the best hiring decisions.

What Does Disposition Mean?

The disposition is a final determination on a criminal charge. Disposition may refer to the current case status or outcome of an interaction with the court for a criminal background report. When running a criminal background check, dispositions give you a view of any non-convictions, convictions, and pending cases that might be relevant to the position. Simply put, a disposition always relates to a specific offense.

Here are a few standard criminal background check terms you might encounter when reviewing reports.

• Convicted: This person was found guilty or pled guilty to the charge.

• Deferred Adjudication or Diversion: The court has deferred any judgment, most often found with a plea agreement. This deferral allows the defendant an opportunity to meet any requirements like alcohol or drug treatment, community service, or probation to have their case reconsidered and potentially dismissed.

• Acquitted: The individual was found not guilty. The terms “acquitted” and “not guilty are often used interchangeably. It’s important to remember that “not guilty” doesn’t determine innocence; it simply means there wasn’t enough evidence for a conviction. Likewise, an acquittal might occur without enough evidence to go to trial.  

• Charges Dismissed: The judge or prosecutor dropped charges against the individual, and the case did not move forward.

• No Charges Filed: This person was accused or arrested for a crime, but the prosecutor decided not to move forward with the case.

• Sentence Vacated: A judge sets any guilty verdict or plea aside. The system erases the guilty verdict as if the person was never convicted of the crime.

• Pending: The case against the individual is still ongoing. They are under investigation and may be subject to prosecution.

• Suspended Sentence: The court has delayed any sentencing of the case. This deferral most often occurs to give someone the chance to complete community service, treatment programs, or probation.

Unfortunately, these terms don’t reveal whether the person was pleading guilty or not guilty in court—only the case’s outcome shows.

What does sentencing Mean?

Sentencing is any legal consequence of a conviction. While the disposition acts as an indication of a crime, the sentencing is the punishment directly attached to this outcome. Sentencing won’t apply to every disposition, mainly if it’s dismissed or acquitted.

If you’re looking over a criminal background check, sentencing information may not be overly clear at first. Some reports will indicate the sentence date and term. Others won’t show the sentence at all. To confirm potential sentencing, consider the disposition date against a candidate’s history of incarceration.

Criminal background checks will also reveal any pending or ongoing cases. The disposition will change in a pending case if a person is acquitted or convicted, giving the outcome. Similarly, dispositions with delayed or suspended sentencing will update. Should someone fail to comply with the terms of treatment or probation, they may be subject to future sentencing.

What Disposition Means on Criminal Background Checks

For a prospective employer, information revealed in dispositions could significantly impact hiring decisions. Should a report highlight important or serious convictions, the perceived risk of hiring them would rise substantially. Likewise, an outcome of “pending disposition” could potentially influence the hiring decision.

Criminal records will only appear on a background check for a limited time. This limitation is often seven years for felonies and five to seven years for any misdemeanor charge. Federal law limits infraction reporting to seven years. These reporting guidelines are subject to state law, with a few records remaining a permanent component of their history. Criminal information within the background check may include county, state, federal, and national databases, depending on the hiring manager’s orders.

Background Checks and Compliance

All employers must comply with the Equal Employment Opportunity Commission (EEOC) and any state laws restricting arrest records within employment screening. As the background check discloses confidential and sensitive information, it’s critical to understand how to interpret a background check and how to handle the screening process with care.

The Fair Credit Reporting Act (FCRA) requires all employers to obtain written permission from the candidate to run a criminal background check. Employers are obligated to follow the adverse action process if they decide to decline a candidate based on the background screening results.

Hiring Practices with Background Checks

All hiring practices should be consistent and non-discriminatory. The EEOC suggests delaying any background check until sending a conditional offer of employment. Any potential hire with a criminal history should follow “Green factors” to consider the criminal background. Carefully consider the nature and gravity of the offense on the report. Determine how much time has elapsed since the offense, particularly if the crime occurred several years before.

Finally, always consider the nature of the job or position with the criminal charge. While several positions will directly relate to criminal charges (for example, working with vulnerable populations), other positions may not adhere to such policies. An individual with a criminal history of fraud, for example, could likely work a data entry job without too much worry of reoccurrence.

Conclusion:

Running a criminal background check on a potential hire can be a beneficial component of your hiring process. Unfortunately, those individuals inexperienced with criminal terminology may find the results confusing without proper education. Not all criminal results indicate a potential risk for the company. Spend time understanding the disposition and sentencing attached to any results. Hiring quality candidates with adequate experience is only one part of the process.

Additionally, it’s paramount to consider the overall risk and safety connected with new hires within the business. Those with extensive, current criminal histories might not be beneficial members of the team. In fact, they might pose more liability and risk than initially anticipated.