What to do regarding an employment contract if as a minor I was charged with a misdemeanor, granted diversion and the case was expunged?

As part of my diversion, I was put on house arrest, had a few months of probation, and court-ordered community service. If a job application asks if I have ever had mandatory community service, been on probation, or house arrest do I have to disclose that I did, in fact, participate in these three activities even if the case they pertained to was an expunged minor misdemeanor case? I can provide the exact wording on the application if needed. 

Asked on September 24, 2012 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the case was dismissed and expunged, you can honestly answer "no" on your job applications.... mainly because you weren't.  A pretrial diversion is an agreement with the state and the defendant to do some things in exchange for a dismissal... not a judgment that results in a deferred or community supervision order.  Even though many of the activities involved are very similar, a pretrial diversion is not the same as being on a regular community supervision.

Second, if your conviction was for a juvenile arrest and it's been expunged, then you have another layer or protection... because an employer should not have access to any juvenile records without a court order. 

If you want to have an idea of what an employer could see should they run a criminal history on you, then run one on yourself first to make sure the expungement took.  You can run one through the county where your arrest was or through the DPS website, or preferrably both.


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