Tech role at Biglaw and pending felony charge
I’m in California and recently interviewed for an engineering role at a Biglaw firm. Mid-process, I was charged with a non-violent felony unrelated to job duties. It’s pending, and I’m contesting it with my attorney.
Despite this, I received an offer and submitted my conflicts and background checks. The conflicts check is still pending. The background check report came back a week and half ago showing the pending charge, as expected. However, HR hasn’t reached out yet.
I know California’s Fair Chance Act requires an individualized assessment before an offer can be rescinded over a conviction. Notably, the criminal history section of the background check form itself didn’t ask about pending charges and instructed candidates to answer “yes” only if an arrest in the last 7 years resulted in a conviction — which this charge, being pending, does not meet. But I’m not sure how firms typically handle pending charges in practice, especially for tech/non-attorney roles.
A few things I’m trying to figure out:
- Do firms typically wait for the case to resolve before making a final decision, or act on the pending charge alone?
- Is the process different for tech/engineering hires vs. attorneys, given there’s no licensing body involved?
- Has anyone gone through an individualized assessment under the Fair Chance Act — what did that look like in practice, and what should I be doing to prepare for it?
- Any experience with how long firms sit on this before reaching out?
Would appreciate any insight from people who’ve seen this play out, either as an applicant or from the HR/hiring side. Trying to be proactive rather than just waiting anxiously.
Posted Sep 5, 2026, 3:59 PM UTC