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  1. #1
    Join Date
    May 2011
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    1

    Default Disclosure of a Dismissed Misdemeanor

    My question involves a background check in the State of: Texas.

    In 2002, I was arrested for a Class B Misdemeanor - Possession of Marijuana Under 2oz. My parents hired an attorney and I never actually had to go to court myself, even though the court date was reset several times. It was my understanding at the time that I was put on deferred adjudication. I supposedly had to do 40 hours of community service (which I was already planning to do with an organization I was a member of), but I kept track of the hours myself and no one ever really checked in on them. I think I gave a copy of the spreadsheet I made to log the hours to my attorney and that's about it. The charge/case was ultimately dismissed.

    Fast forward to now. I've graduated from college and am now applying for jobs that require background checks. I am unsure how to report or disclose this information.

    I searched the court records for the county in which the arrest/charges occurred, and the arrest record and court dates show up - but it doesn't say anything about deferred adjudication or community service or any sort of "guilty" or "no contest" plea. All it says is that it was dismissed.

    So I paid to search the Texas Department of Public Safety Criminal Records to see how it was listed there. However, there was no record of it - not even the arrest. Nothing came up at all. There were absolutely zero matches/records for me.

    Like I said, I am unsure about how to disclose this information to potential employers. Obviously I don't want to say more than I need to and I don't want to say I was on deferred adjudication if I wasn't, but I am unsure of how it will show up on other background searches.

    Any information anyone might be able to provide would be appreciated.

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

    Default Re: Disclosure of a Dismissed Misdemeanor

    If you successfully completed a deferred sentence for a Class B misdemeanor, as the waiting period has expired, consider petitioning to have the record sealed.

    You are obligated to tell the truth to prospective employers. Some prospective employers (including law enforcement agencies) normally have the legal right to even ask about arrests and acquittals - that's going to depend upon the state in which you're seeking a job and the nature of the employment.

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