Difference Between Disposition and Sentencing

Difference Between Disposition and Sentencing
Difference Between Disposition and Sentencing

Criminal background checks help employers make informed hiring decisions. AMS Inform provides expert guidance on interpreting legal terms and outcomes.

What is Disposition in Criminal Cases?

A disposition shows the final outcome or resolution of a criminal case. When reviewing background checks, employers need to understand what different dispositions mean.

Common Types of Dispositions

Disposition TypeDescriptionImpact on Employment
AcquittedFound not guilty at trialGenerally minimal impact
DismissedCase terminated by court/prosecutorLimited consideration needed
Charges DroppedProsecution declined to pursueUsually favorable outcome
PendingCase still open/under investigationMay require follow-up
DeferredDelayed for probation/treatmentCase-by-case review
Sealed/ExpungedRecords restricted/deletedNot visible on checks

Disposition Terms

A disposition determines whether someone was found guilty, not guilty, or had other case outcomes. Key disposition terms include:

  • Acquittal: The defendant is found not guilty by a judge or jury
  • Dismissal: The prosecutor or judge terminates the case
  • Deferred Adjudication: Resolution delayed pending completion of requirements
  • Pending: Case remains open and under investigation
  • Sealed/Expunged: Records restricted from public access

Need help interpreting disposition terms? Contact AMS Inform for expert guidance

What Does Sentencing Mean?

Sentencing refers to the specific punishment imposed after a guilty verdict or plea. Common sentences include:

  • Fines and monetary penalties
  • Probation periods
  • Community service hours
  • Jail or prison time
  • Treatment programs

Types of Criminal Sentences

Sentence TypeDescriptionDuration
DeterminateFixed prison termSet number of years
IndeterminateFlexible rangeMinimum to maximum
SuspendedDelayed pending probationVaries by case
IntermittentAllows work/school releasePeriodic confinement

AMS Inform helps employers understand how different sentences may impact hiring decisions. Contact us to learn more about our background screening solutions.


Key Differences Between Disposition and Sentencing

Understanding how disposition differs from sentencing helps employers make informed hiring decisions. AMS Inform breaks down these crucial legal concepts:

Timing and Purpose

AspectDispositionSentencing
When it OccursAt case conclusionAfter guilty verdict/plea
Primary PurposeDetermines outcomeSets punishment
Legal EffectResolves chargesImplements penalties
Required ElementsJudge’s rulingConviction first

Impact on Background Checks

Different dispositions appear differently on background checks:

  • Convictions show up indefinitely unless restricted by state law
  • Non-convictions (dismissals, acquittals) limited to 7-year reporting
  • Pending cases require follow-up and monitoring
  • Sealed/expunged records shouldn’t appear

Need help interpreting background check results? Contact AMS Inform’s screening experts

Criminal Records

What Shows Up on Reports

Criminal background checks typically reveal:

  • Case disposition date and type
  • Severity of offense (misdemeanor/felony)
  • Sentencing details if convicted
  • Current status (closed/pending)

Compliance Requirements

AMS Inform ensures background checks follow:

  • Fair Credit Reporting Act (FCRA) rules
  • State reporting restrictions
  • Ban the Box regulations
  • Industry-specific requirements

Making Informed Hiring Decisions

Best Practices

When reviewing dispositions and sentences:

  • Consider job relevance
  • Follow consistent evaluation criteria
  • Document decision rationale
  • Maintain confidentiality

Legal Considerations

Employers must comply with:

  • Equal Employment Opportunity Commission (EEOC) guidelines
  • State fair hiring laws
  • Industry regulations
  • Local ordinances

Get expert guidance on compliant hiring decisions from AMS Inform


Why Partner with AMS Inform?

Expert Background Screening

  • Accurate criminal record interpretation
  • Compliance with federal and state laws
  • Clear explanation of dispositions and sentences
  • Fast turnaround times

Dedicated Support

  • Expert guidance on legal terminology
  • Help understanding background check results
  • Updates on changing regulations
  • Industry-specific compliance assistance

Get expert help interpreting criminal records from AMS Inform


FAQs About Disposition and Sentencing

Is disposition the same as conviction? 

No. A disposition shows the final outcome of a case, while a conviction is just one possible disposition type. Other dispositions include acquittal, dismissal, or deferral.

Can a case have disposition without sentencing? 

Yes. Cases resulting in acquittal, dismissal, or dropped charges have a disposition but no sentence. Sentencing only follows guilty verdicts.

How long after disposition does sentencing occur? 

Sentencing typically happens within a few weeks after a guilty disposition. The exact timing varies by jurisdiction and case complexity.


Disclaimer

The information provided about disposition and sentencing serves educational purposes only and does not constitute legal advice. For specific questions about background screening practices or legal obligations, please consult qualified legal counsel. While AMS Inform provides accurate information, laws and regulations vary by jurisdiction. Your situation may require different considerations.


Contact AMS Inform for guidance on compliant background screening solutions.

Scroll to Top