Why is my differed adjudication showing up on background checks?

It’s holding me back from getting jobs. For no conviction for credit card abuse. I finished 5 years ago.

Asked on June 24, 2014 under Criminal Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Ok there are several "answers" to this question.  First, employers can generally go back 7 years in a check. Here your matter was 5 years ago. But there are exceptions.  If the job is over $75,000 in salary they can go back until you are 18.  If it is the government or an insurance company job then they can go back until 18 at least (the government has even more access). Next, if you were required to make a guilty plea or plead no contest to obtain deferred adjudication or some other alternative sentence then your employer will be able to find the guilty plea or plea of no contest on a background check.  Speak with an attorney about the rules in Texas and what you can do about it.  

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