Disposition vs. Sentencing: A Complete Guide

A disposition determines the commission (or non-commission) of a crime; a sentence is the consequence or punishment imposed. Employment background checks that include criminal records may show both disposition and sentencing information, including dates of incarceration. Understanding key background check terminology, like the difference between disposition vs sentencing, helps employers learn whether the candidate was ultimately convicted of a crime, and if so, what type of punishment they served.

A disposition is the final resolution or outcome of a criminal case. A defendant in a criminal case may be acquitted (found not guilty), convicted (found guilty), or have their conviction (or judgment) vacated. In some cases, a final disposition may be deferred or suspended while the defendant completes probation, community service, or other treatment.

Disposition on a criminal background check may also show a case to be pending. Broadly speaking, this means the case is still open. Law enforcement may be conducting additional investigations, future hearings may be scheduled, and no final determination has been made in the case.

A sentence is the consequence that follows a conviction or guilty plea. Examples of sentences include fines, probation, community service, or incarceration. Not every disposition results in sentencing: No sentence is imposed if the defendant is acquitted, charges are dropped, or the conviction is vacated. Sentences may vary based on state law and the seriousness of the crime. Felonies generally result in longer sentences. Sentencing for misdemeanors and infractions is generally one year or less.

The disposition of a criminal case is its final outcome: convicted or acquitted, deferred or suspended. For employers considering a candidate’s criminal history, disposition is important since it can indicate whether the candidate was ultimately convicted of a crime.  Dispositions always relate to a specific offense. For example, an individual could be charged with three offenses in the same criminal proceeding, and two of the charges are dismissed while the other may result in a conviction.

Dispositions shown on a candidate’s criminal record or criminal background check may include the following common types of court dispositions, shown here with their basic definitions:

A conviction means the defendant has either been found guilty or pleaded guilty. The following terms may also indicate conviction on a candidate’s criminal background check:

Deferred adjudication or diversion indicates the final disposition in the case has been deferred so the defendant may complete drug or alcohol treatment, probation, community service, or another court requirement. When the requirement is completed, the disposition court may reconsider the case and possibly dismiss it.

Alternate terms for a deferred judgment include:

An acquittal means the defendant is found not guilty. Although the terms “acquitted” and “not guilty” are often used interchangeably, they do not have the same meaning. An acquittal may occur when a judge or appeals court decides there is not enough evidence to go to trial. Being found “not guilty” is not a determination of innocence, but instead may occur when a criminal defense convinces a judge or jury there was not enough evidence for a conviction.

When charges are dismissed, the district attorney or judge has dropped the case against the defendant. Dismissed charges may be listed using the following terms:

When no charges were filed, the district attorney decided not to file charges against the person arrested for a crime. Thus, prosecution in the case does not move forward.

Although a guilty plea or verdict was made, a vacated sentence means the district court declined to impose a sentence at the disposition hearing and the guilty verdict or plea was erased as if it had not occurred.

With a suspended sentence, sentencing has been delayed, often pending the completion of probation, community service, or a treatment program.

A pending case is still open and subject to further investigation and/or prosecution. Here are a few additional terms that may indicate a case is still pending:

Dispositions on a criminal background check show up if a search of the candidate’s criminal history returns results. However, employers should note that restrictions may apply when reviewing a candidate’s criminal background.

Employers who conduct criminal background checks through a consumer reporting agency (CRA), like Checkr, must comply with the federal Fair Credit Reporting Act (FCRA). The FCRA restricts non-conviction information reported by a CRA to a seven-year lookback period which includes arrests, civil judgments, tax liens, and most credit report information. It excludes bankruptcies, which may be reported for up to ten years and criminal convictions which may be reported indefinitely. If a candidate’s expected salary is $75,000 or higher or if searches are conducted by the employer themselves, these limitations may not apply.

Additionally, state and local fair hiring and Ban the Box laws may limit the information that is reported or impose additional restrictions when conducting a criminal background check.

In some cases, state or local laws may require employers to review a candidate’s criminal history when hiring for certain jobs, such as childcare workers or law enforcement personnel. These laws may specify a lookback period or may require employers to search a candidate’s full adult record.

Some criminal records may not appear in a criminal history search regardless, including juvenile records and records that have been sealed or expunged.

A disposition hearing in a criminal court case is a legal proceeding that typically occurs after arraignment and before or instead of a trial. Its main purpose is to determine how the case will be resolved—whether through a plea agreement, dismissal of charges, or scheduling the case for trial

A disposition date in court refers to the specific day when a judge or jury makes a final ruling or decision on a case, effectively concluding the judicial process for that particular matter. This date marks the official resolution of the case, whether it results in a conviction, acquittal, dismissal, or another final outcome.

A disposition is the final resolution or outcome of a criminal case, such as acquitted, convicted, or vacated. 

Sentencing refers to the consequences given to a defendant that follows a conviction or guilty plea, such as fines or incarceration. Not every disposition results in sentencing. For example, no sentence is imposed if charges are dropped, the sentence is vacated, or the defendant is acquitted. 

Employers can choose to conduct background checks in-house by contacting law enforcement agencies and courthouses directly to request records or partner with a qualified consumer reporting agency (CRA). When working with a CRA, employers often experience a more efficient process—with faster turnaround times and more accurate, comprehensive reporting. A CRA can also help support employers with federal, state, and local compliance.

If you want to run a background check on yourself, you can often search public databases and request records independently; this process can be time-consuming and costly. Individuals looking for a faster, more cost-effective option may choose to order a background check from a CRA, like Checkr. We offer personal background checks that can be ordered online, with results often available for review in minutes. Packages may include an SSN trace, sex offender registry check, global watchlist search, criminal searches, driving records, and more. 

A criminal background check can help employers review a candidate's history to determine eligibility for a role. For a streamlined approach and faster time to hire, employers often choose to partner with a qualified background check provider, like Checkr. 

Checkr’s AI-powered platform makes background checks easier and more efficient, while our built-in compliance tools help employers manage risk and liability. In addition to criminal record checks, Checkr’s comprehensive background check packages offer employers multiple screening options to meet your hiring needs. Get started with Checkr today. 

Individuals interested in personal background checks can order online to preview what employers and landlords might see so you can anticipate questions and correct inaccuracies.

About the author

Gayle writes about business topics, specializing in background checks and screening best practices.