i have completed deferred adjudication in Texas, if I seal my record can an employer see if for a background check?

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i have completed deferred adjudication in Texas, if I seal my record can an employer see if for a background check?

Asked on June 18, 2009 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you have successfully completed a deferred adjudication in Texas, it’s “technically” true that the case is “dismissed” at the end of the probationary period, and you were never convicted.  But that does not mean that it’s “off your record”, at least in the sense that the general public understands that phrase.

Fortunately, the law now allows probationers who complete deferred adjudication to apply for a "Motion for Non-Disclosure". While it’s not as good as an "Expunction", which clears the arrest from your record, it’s still a good option.  Basically, Motions for Non-Disclosure seal your criminal history in a way that allows the State to keep the record (and therefore knows about it if you are ever rearrested or want to apply for a state or other government job), but is prohibited from disseminating the information to the public.  So, absent state/government employment, by sealing your record, your arrest and probation will not show up on a background check.

You should consult with an attorney in your area about how to go about getting your record sealed.


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