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.

