Legal Question in Criminal Law in Texas

I received a job offer contingent on a background check. I currently have class C misdemeanor that was dismissed upon a plea deal, a class A misdemeanor I did deferred adjudication, and a class C misdemeanor for Public Intox. The first 2 happened about 5-6 years ago and the PI was about 8 months ago. I also had the Class A non-disclosed 3 months ago. My background check says "In the last seven (7) years, have you ever been convicted, either within or outside of the United States (omit convictions for which the record has been sealed, expunged, or statutorily eradicated, or those convictions not requiring disclosure by applicable state law), of:"

My question is was I ever technically convicted of any of these and should I disclose any of them? Is the non disclosure considered sealed as well as the dismissed?


Asked on 4/30/15, 7:16 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

It asks for convictions and you have not been convicted of anything except possibly one of the PIs. (You don't say what happened to it but if you paid a fine then you were convicted.)

Unless it is a job requiring security clearance (and they search by fingerprints), then they will not find the class a misdemeanor. They will not find the class Cs either unless they do a fingerprint check because those records are generally not searched.

Do yourself a favor after this - get the cases expunged that can be expunged (including the dismissed class C for sure and possibly the PI if you got deferred disposition & dismissal on that.)

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Answered on 5/01/15, 11:00 am


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