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  1. #1

    Default Expunged Record And Getting A Probation Officer Job

    My question involves expungements or pardons for the state of: Texas

    If I apply for a position as an adult probation officer will the HR department have access to my expunged record since it is in fact a criminal justice agency? I am assuming the answer is yes but I want this confirmed.

    thanks



    Quoting Texas Government Code ยง 411.083. DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION.
    --------------------------------------------------------------------------------

    (a) Criminal history record information maintained by the department is confidential information for the use of the department and, except as provided by this subchapter, may not be disseminated by the department.

    (b) The department shall grant access to criminal history record information to:
    (1) criminal justice agencies;

    (2) noncriminal justice agencies authorized by federal statute or executive order or by state statute to receive criminal history record information;

    (3) the person who is the subject of the criminal history record information;

    (4) a person working on a research or statistical project that:
    [list:0e1ca50933](A) is funded in whole or in part by state funds; or
    (B) meets the requirements of Part 22, Title 28, Code of Federal Regulations, and is approved by the department;
    (5) an individual or an agency that has a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice under that agreement, if the agreement:

    (A) specifically authorizes access to information;
    (B) limits the use of information to the purposes for which it is given;
    (C) ensures the security and confidentiality of the information; and
    (D) provides for sanctions if a requirement imposed under Paragraph (A), (B), or (C) is violated;
    (6) a county or district clerk's office; and

    (7) the Office of Court Administration of the Texas Judicial System.[/list:u:0e1ca50933] (c) The department may disseminate criminal history record information under Subsection (b)(1) only for a criminal justice purpose. The department may disseminate criminal history record information under Subsection (b)(2) only for a purpose specified in the statute or order. The department may disseminate criminal history record information under Subsection (b)(4) or (b)(5) only for a purpose approved by the department and only under rules adopted by the department. The department may disseminate criminal history record information under Subsection (b)(6) only to the extent necessary for a county or district clerk to perform a duty imposed by law to collect and report criminal court disposition information. Criminal history record information disseminated to a clerk under Subsection (b)(6) may be used by the clerk only to ensure that information reported by the clerk to the department is accurate and complete. The dissemination of information to a clerk under Subsection (b)(6) does not affect the authority of the clerk to disclose or use information submitted by the clerk to the department. The department may disseminate criminal history record information under Subsection (b)(7) only to the extent necessary for the office of court administration to perform a duty imposed by law to compile court statistics or prepare reports. The office of court administration may disclose criminal history record information obtained from the department under Subsection (b)(7) in a statistic compiled by the office or a report prepared by the office, but only in a manner that does not identify the person who is the subject of the information.

    (d) The department is not required to release or disclose criminal history record information to any person that is not in compliance with rules adopted by the department under this subchapter or rules adopted by the Federal Bureau of Investigation that relate to the dissemination or use of criminal history record information.

  2. #2
    Join Date
    Mar 2007
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    9,096

    Default Re: Expunged Record And Getting A Probation Officer Job

    Yes, I will confirm that the statute you posted is real and in force.

    Your expunged records are not hidden from law enforcement during the hiring process.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
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    5,252

    Default Re: Expunged Record And Getting A Probation Officer Job

    I 2nd the confirmation. That is one of the jobs where an expunged record is available for review by the prospective employer.

  4. #4

    Default Re: Expunged Record And Getting A Probation Officer Job

    Quote Quoting cyjeff
    View Post
    Yes, I will confirm that the statute you posted is real and in force.

    Your expunged records are not hidden from law enforcement during the hiring process.
    it's not a law enforcement job but I assume it doesn't matter


    thanks

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Expunged Record And Getting A Probation Officer Job

    It's the same difference when it comes to criminal background checks.

  6. #6

    Default Re: Expunged Record And Getting A Probation Officer Job

    Quote Quoting Betty3
    View Post
    It's the same difference when it comes to criminal background checks.
    I assume the information below covers employment with APS and CPS. Does the state "specifically authorize" access to information pertaining to employment background checks? "Purposes for which it is given" could mean allot of things as well. Maybe it means that if CPS is investigating a potential child abuser the investigator has a right to all records pertaining to that individual.

    (5) an individual or an agency that has a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice under that agreement, if the agreement:

    (A) specifically authorizes access to information;
    (B) limits the use of information to the purposes for which it is given
    ;
    (C) ensures the security and confidentiality of the information; and
    (D) provides for sanctions if a requirement imposed under Paragraph (A), (B), or (C) is violated;
    (6) a county or district clerk's office; and

  7. #7

    Default Re: Expunged Record And Getting A Probation Officer Job

    Art. 55.03. EFFECT OF EXPUNCTION. When the order of expunction is final:
    (1) the release, maintenance, dissemination, or use of the expunged records and files for any purpose [other than a purpose described by Section 411.083(a) or (b)(1), (2), or (3), Government Code,] is prohibited;
    Maybe I should ask the last question a different way. When they speak of "other than a purpose described by Section 411.083(a) or (b)(1), (2), or (3), Government Code" do they mean the information I pasted below?


    (a) Criminal history record information maintained by the department is confidential information for the use of the department and, except as provided by this subchapter, may not be disseminated by the department.

    (b) The department shall grant access to criminal history record information to:
    (1) criminal justice agencies;

    (2) noncriminal justice agencies authorized by federal statute or executive order or by state statute to receive criminal history record information;

    (3) the person who is the subject of the criminal history record information;

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