Legal Question in Criminal Law in Texas

i want to how a background check is done before we enter into a job because there is a case on me but i was not done anything wrong unfortunately i was into it they charged me with a criminal case for that, i am applying for a job now is that effect that because till now there is no court dates on it i even asked my bond people they said that it they may give the court dates if not after two years the will withdraw their bonds from the court then case may dismiss from the court


Asked on 1/11/11, 9:48 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

Very confusing question. What a background check will entail depends on who conducts it and how. If they just run to the local criminal courthouse like many do, they will find all arrests and charges and convictions that are local. If they take fingerprints and run them through the FBI, they will find the same and also any deferred adjudications that have been sealed.

There is not a specific time period for which a case pends before the court demands that the prosecution do something with it. Moreover, the judge / court cannot dismiss your case without a motion from the State to do so. However, the jduge can put the State to trial and push the case along if it gets too old.

You should have a lawyer already who is check on the status of your case and ensuring that your rights are protected.

About the bond - that depends on the contract that you signed with the bondsman. In counties where it takes forever for cases to get to court, many bonding companies have contracts that require their bonded folks to pay a new few after a year or other set period of time so that they are not stuck on bond indefinitely. This is legal.

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Answered on 3/20/11, 6:12 pm


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