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  1. #1

    Default Convicted Felon Back in 1978 with New Deferred Ajudicated Probation

    My question involves labor and employment law for the state of: Texas

    Ok, back in 1978, I was convicted of Credit Card Abuse in 1978 (stupid kid back then) and received 3 years probation...I was later charged with a petty theft case and my probation was revoked...I spent 9 months in TDCJ (Texas Dept. of Criminal Justice) prison on a 3 year sentence. Upon release, I went to college, obtained an Associates Degree in Secretarial Science and totally turned my life around. I am and Executive Assistant supporting CEO's, COO's and CIO's - My highest salary has been right at $60K/year. I've held jobs working for the State of Texas, a major Mortgage Bank based out of California, and Major Hospitals.

    Until this year, I never had any problems passing a background check...maybe because the case is over 35 years old...well, in 2008, my company shut down due to the crash in the mortgage industry and I started receiving unemployment benefits. I finally got a job about 6 months after I was laid off but my house note was 6 months in the rears...so, I continued getting unemployment benefits for another 9 months to catch up on my bills after I got a job. Well, TX Workforce Commission filed a theft case on me this past September (4 years later). The way I found out about the case is I applied for a very prestigious EA position with a well known Hospital and was offered the position and given a start date. The offer was rescinded due to this new theft case popping up on my criminal background check. The company sent me a copy of the background check and the 1978 case wasn't on it, just this new theft case. Had I not applied for that job, I wouldn't have known anything about the case much less the warrant that was out for my arrest.

    I just received 4 years ajudicted probation with restition. My fear is that with this new case, I won't be able to get a good paying job in my field. I never listed my old conviction because it never hindered me (probably because it's over 35 years old)...but now with this new case and everyone seemingly doing criminal background checks, I just don't know what to do. My lawyer said if the application asks specifically if I've been convicted of a felony in the last 7-10 years, I can honestly say NO because as long as I complete my probation, this new case won't show up as a conviction...but the theft charge itself will show up. But if the question on the appication ask if I've EVER been convicted of a felony, am I to say yes? If I do that, I'm afraid I won't even be offered an opportunity to interview much less get a great offer. I'm so frusturated and concerned as I've never had a problem getting great jobs in the past, but now it seems I can't even get an interview offer.

    Any advice that anyone can provide me is greatly appreciated!

  2. #2
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Convicted Felon Back in 1978 with New Deferred Ajudicated Probation

    if you lie on your application, when that district's old records finally get digitized and your employer finds out, expect to be fired with cause and not to get unemployment or public assistance.

    yes you should expect a hard time finding a good job with multiple dishonesty crimes on your record including recent ones.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Convicted Felon Back in 1978 with New Deferred Ajudicated Probation

    I don't understand what you are asking us to provide.

    You knowingly stole. You got caught. If you are asking if everyone is going to perform a background check, the answer is "maybe". Most companies do.

    I am also a little amazed that someone in the mortgage business would use the term "in the rears" instead of "in arrears". Insert your own joke here.

  4. #4

    Default Re: Convicted Felon Back in 1978 with New Deferred Ajudicated Probation

    Sorry for the faux pas...

    - - - Updated - - -

    I figured as much...but thanks anyway.

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