Can an employer see a felony charge on your background, if you have not been convicted yet?

Asked on June 28, 2012 under Criminal Law, Texas


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

Answered 8 years ago | Contributor

Generally, law enforcement, like the DPS, will release final disposition data-- like a final conviction.  However, the DPS is not the only place where employers can get their criminal background info from.  If they use a service that actually pulls or purchases data from district and county clerks, then then the fact that an indictment has been returned against you could be included in the report.  Unless sealed, indictment information is public record and often appears in local newspapers.  So, not only will employers see the felony charge, but anyone who reads the list of recent indictments.  Many district clerks have also gone to online systems.  This means that your employer can do a quick search and see every misdemeanor and felony charge in these counties.  So the best answer to your question is that yes, your employer could potentially learn about your felony charge depending on how detailed of a background search they conduct or pay for.

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