What must I disclose on a job application regarding a prior criminal incident?

Get Legal Help Today

 Secured with SHA-256 Encryption

What must I disclose on a job application regarding a prior criminal incident?

Aboyt 13 years ago I plead guilty to the charge of possession of a controlled substance under a gram. I received probation and deferred adjudicationI, completed all probation and community service. Will this show up on a background check for a new job?

Asked on April 10, 2012 under Criminal Law, Texas

Answers:

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

Answered 9 years ago | Contributor

The best answer is "maybe."  Many employers purchase their reports from consumer reporting agencies, which are only supposed to report data which less than seven years old.  However, these agencies are not always diligent about purging older criminal data because they are of the opinion that it constitutes a different public record report which is not covered by the FCRA.  Some employers go online with the DPS to purchase data-- which is not bound at all by the seven year rule.  If you want to know what will show up, consider purchasing a report from the DPS to see what actually shows up.  If you received a deferred, there is a chance it may not appear.  If it does appear, you can petition the court for an order of non-disclosure since you successfully completed the probation.  Law enforcement will still be able to see the history, but the general public will not. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption