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  1. #1
    Join Date
    Jan 2011
    Posts
    9

    Default Is Possession of Drug Paraphernalia a Minor Traffic Violation on a Job Application

    My question involves criminal records for the state of: Texas

    Hello everyone. I have a question regarding some questions that I saw on a job application. Here's my situation. I'm 34 years old now. When I was 20, I received a class B misdemeanor for possession of marijuana, along with a citation (class C misdemeanor) for paraphernalia. For the marijuana charge...I hired an attorney, plead no contest, and received a deferred adjudication which was successfully completed. More recently, I hired another attorney and successfully earned an "order of non-disclosure." As for the paraphernalia charge, I foolishly plead no contest and paid the fine, thinking that it was just a ticket. Well, I searched my name on the county's website and the only thing visible from any of this is the paraphernalia case...which it has categorized as "traffic" for case type. I'm not paraphrasing or sugar-coating...this is the exact wording.

    So here's my question....can I answer "no" to the following questions on a job application?

    Question 1: Have you accepted a disposition of adjudication withheld on any criminal charge?

    Question 2: Have you ever been convicted of a criminal offense, pleaded no contest to charges or agreed to enter in a pre-trial diversion or similar program in lieu of a criminal prosecution for any crime other than a minor traffic violation?

    I'm fairly certain that I can answer "no" to the first question, but wasn't sure about the 2nd one. Like I said above, the county website has the paraphernalia case listed as a traffic case....so I'm hoping that means it would fall into the "minor traffic violation" category. It is basically a fine only with no jail time as part of the punishment. I looked up other people's cases involving class C misdemeanors like mine (such as minor in possession of alcohol) and they are also categorized as "traffic" cases, so I know that my case is not a mistake or glitch in the system. Any input on this matter would be GREATLY appreciated!

    Thanks in advance and best regards.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: On Job Application is Marijuana Possession a Minor Traffic Violation

    Possession of drug paraphernalia may be a violation, but it is not by any conventional definition of the word a traffic violation.

    Traffic.

    I suggest identifying your exact conviction charge (the statute number) so that people can help clarify the exact nature of that charge.

  3. #3
    Join Date
    Jan 2011
    Posts
    9

    Default Re: On Job Application is Marijuana Possession a Minor Traffic Violation

    Thanks for your reply. I tried looking for a statute number but could not find one. Here's what I can share. These are some screenshots of what I see on the county's website when I search my name. I've blocked out my name and personal information to protect my identity.

    1st screenshot: a general summary which appears after I enter my name in the search engine. As you can see, the case type is listed as "traffic":

    http://img155.imageshack.us/img155/2...eenshot1ld.jpg

    2nd screenshot: This is the screen that I'm re-routed to when I double-click on the summary line from the previous screen. As you can see, there is nothing listed under "statute"; it's just blank. The charge and disposition are clearly outlined, though:

    http://img708.imageshack.us/img708/5...eenshot2cc.jpg

    As a sidenote, I have some other info to share. I know what I'm about to say will sound crazy, but I swear on my life that it's true. A few years ago, I had another drug paraphernalia citation with no arrest in another county. This time around, I was smart enough to ask the court for a deferred disposition. Everything was requested and processed through mail since I live hours away from this particular county. The county clerk told me over the phone that I could request a deferred disposition by sending the judge a letter, paying a fee, and taking a defensive driving course. Yes, I swear to God....a defensive driving course. To this day, I don't understand how or why this would be allowed, but I'm not complaining. I did everything they asked and sure enough, the case was dismissed. I even followed up several times with the county clerk's office to confirm the case was dismissed without a conviction. The reason that I'm telling you this info is because it goes to show that this citation was treated almost EXACTLY like a true traffic violation...including the conditions of the probationary period.

    For the record, I'll be turning 35 this year. The original paraphernalia charge that I'm worried about happened in 1996 when I was 20. Since then, I've earned 2 bachelor's degrees and sustained employment with Bank of America for going on 12 years. All things considered, I've had a good life and have not had to worry about this charge coming back to bite me.....so far, anyhow. Still, I worry what might happen in the future if I get laid off and have to find another job. Perhaps I'm being overly paranoid, but I just want to know how this situation MIGHT impact me.

    Again, thanks for any help that can be provided. I truly appreciate it.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: On Job Application is Marijuana Possession a Minor Traffic Violation

    If you can't find specifics about your conviction online, try the documents you received at your plea or sentencing, or check the court file.

  5. #5
    Join Date
    Jan 2011
    Posts
    9

    Default Re: On Job Application is Marijuana Possession a Minor Traffic Violation

    Quote Quoting aaron
    View Post
    If you can't find specifics about your conviction online, try the documents you received at your plea or sentencing, or check the court file.
    Hi there, thanks for your reply. Since this situation has baffled me for the past 15 years, I contacted the court last year and requested a copy of my case files. They sent me everything they had. If it would help, I'll try to get them scanned and posted here, but I assure you that there is no additional information in these papers besides what I see online. It's basically a rehash of the same info: case #, my name and personal information, plea of no contest, fine amount, etc. I don't know if this makes a difference, but the case was handled at the Justice of the Peace court and not the county court.

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