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  1. #1
    Join Date
    Jul 2006
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    2

    Default Charge Dismissed, No Conviction, Should I Disclose an Arrest if Not Asked?

    In December 2002, I was arrested for public intoxication and taken to jail for a few hours, then released.

    When I went to court, I went before a judge (no jury) and I was told that it had been dismissed and that a conviction wouldn't appear on my record.

    In 2005, I applied for a position with a company and on the application was asked "Have you ever been convicted of a misdemeanor, felony, etc.? I consulted with my uncle (a lawyer) and he indicated that I could answer "No." Interestingly, when they conducted the background search, no records were found as I asked to see my employment file from HR. And, just for kicks I have conducted a few background checks on myself and have found no records.

    I left that company about two months ago and have now applied for a new job and received an offer. This current company advises applicants that the background check is an "Extremely" thorough process. As with the previous company, the application asked "Have you ever been convicted of a misdemeanor, felony, etc.?" Again, I answered "No."

    My question is, if they conduct the background search and find a record of the arrest, is that grounds for termination since I didn't disclose it? Legally, can they come back and say that they're termininating me because of an undisclosed arrest even though the application instructed to list convictions?

    I've always been told that I should disclose as much information as possible when filling out an application. Yet, on the other hand, told me that I don't have to answer "Yes" unless the arrest led to a conviction.

    Just curious as to how I might handle this if they should ask. Or, legally, can they inquire about the arrest record if they discover it- knowing the application didn't ask about arrests?

    The incident took place in Dallas, Texas where I still reside.

    Any help you could offer would be great.

    Thanks.

    Darryl

  2. #2
    Join Date
    Sep 2005
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    Default Re: Texas: PI Dismissed - No Conviction, Should I Disclose the Arrest if not asked?

    If they ask only about convictions, and you answer truthfully, you haven't been dishonest. From what you say, they aren't asking about arrests.

  3. #3
    Join Date
    Jul 2006
    Posts
    2

    Default Re: Texas: PI Dismissed - No Conviction, Should I Disclose the Arrest if not asked?

    Great. So, technically, can they ask about the arrest if they discover it? Can they terminate me based upon finding it, given that I answered the question honestly in that I wasn't convicted?

    AM I being too paranoid in that they may not even be allowed to ask me about the arrest?

  4. #4
    Join Date
    Sep 2005
    Location
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    Posts
    98,846

    Default Re: Texas: PI Dismissed - No Conviction, Should I Disclose the Arrest if not asked?

    They can ask about whatever they want within the confines of the law. I don't know that Texas would prohibit them for firing you because of an arrest, whatever the circumstance.

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