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  1. #1
    Join Date
    Sep 2008
    Posts
    4

    Default Misdemeanor, Background Checks and Employment

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

    History:
    4 years ago, I was arrested for shoplifting. I went to court and plead guilty;
    I was given probation (9 months), community service (14 hours), and had to pay fines, and I was told that I have a "b" misdemeanor. Everything was completed, and my charges were dismissed.

    Recently, I hired a lawyer to have my record sealed, which I believe went through just fine. I have copies of the papers from the lawyer that says my record is sealed ( complete with the judge's signature).

    I went to the court to get copies of what is in my file (for the records),
    and the clerk told me that in my file, I didn't plead guilty. (???)


    Now, I'm looking for a new job, and I'm nervous about the background check.
    There are two questions specifically that I'm not sure how to answer.

    These questions are directly from the application:
    1. "Have you ever pled guilty or been convicted of a crime in a civilian or military court? If yes, please explain. "

    2. "If yes to the previous question, did you successfully complete a deferred adjudication or other probated sentence related to that crime?


    My personal questions are:

    1. Can I legally answer no to this question (and those in similarity) since I wans't convicted?

    2. Does the arrest record come up when a background search is done,
    or does it show up that my record is sealed?

    3. Just out of curiosity, can I re-apply to a company where I disclosed my misdemeanor, and was qualified, but didn't get the job?
    Is it discrimination to not hire me if my record is sealed?

    I apologize for the lengthy post, but I want to make sure all details were given.


    Thanks to anyone who can help.


    P.S.
    I'm in Texas.

  2. #2
    Join Date
    May 2008
    Location
    California - the hot part
    Posts
    210

    Default Re: Misdemeanor, Bg Checks & Employment

    1. Can I legally answer no to this question (and those in similarity) since I wans't convicted?
    --> No. You pleaded Guilty and received probation, fines, and
    community service. These don't happen for the not guilty

    2. Does the arrest record come up when a background search is done,
    or does it show up that my record is sealed?
    --> Depends on the type of background check

    3. Just out of curiosity, can I re-apply to a company where I disclosed my misdemeanor, and was qualified, but didn't get the job?
    --> You can but the chance of them remembering you is very good

    Is it discrimination to not hire me if my record is sealed?
    --> Yes. . . but not the illegal kind

  3. #3
    Join Date
    Sep 2008
    Posts
    4

    Question Re: Misdemeanor, Bg Checks & Employment



    Thank you for your help---I really appreciate it!!!

    I have one more question....

    Since I DO have to answer yes to pleading guilty, there is uaually a "why"
    following it.

    1. Doesn't that defeat the purpose of having my record sealed?

    I'm am NOT AT ALL trying to be a smart alec, but it I don't understand how
    having my record sealed helps, if I'm "honest".

    -legosrcool-

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