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

UPDATED: Apr 10, 2012

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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


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

Answered 10 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. 

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