Legal Question in Criminal Law in Texas

My name is Edward Richardson my situation of not being able to be employed due to my back ground and the back ground security checks that are preformed by employers here in San Antonio TX.

I have been prevented from working with many compaines in San Antonio due to a conviction which happened in 1992 as a teenager. I just turned 17 in August of 1992 when I was charged with aggravated robbery with two others and given Deferred Adjudication Probation for ten years in October of 1993. During that time of my life I decided to change and become responsible for my actions in conclusion I received my GED, and a Certificate as a Pharmacy Technician from San Antonio College of Medical and Dental which is currently known as Kaplan University. In the meantime I am in school for Medical Billing and Coding, Health Information Specialist at Sanford Brown College subsequently graduating in October 2010 with an Associate Degree.

I feel that I am fit for the qualifications of many jobs in San Antonio that I have applied for and trained thru certification, experience, and standards of many successful corporations in San Antonio.

I have been unemployed for approximately one year and five months which has been the results of back gound checks subjected to all who apply for jobs in San Antonio. I have completed my probation requirements in eight years from a ten year sentence and was expelled from probation early after I accomplished the standards for being released due to my achievements. Now I am at the point of pleaing for a city wide lift on extensive background checks for thoes who are ex offenders with a clear 10 year past and continue to live a positive lifestyle which are applying for higher qualified positions in San Antonio. I consider myself a ex offender who has completed my probationary requirements given to me by the courts. Under my plea bargin I was given Deferred Adjuication and was released from my term of probation early, yet I am under restrictions from employment because of my published felony record thru the city court system standard of Deferred Adjuication record release. We who have been released from our probationary terms which was placed on us due to our guilty plea and conviction that was served and completed have now become a burden to our family because of the unfair criteria set on thoes who are ex offenders applying for a position in the San Antonio region. Many companies including The City of San Antonio will not hirer anybody with some type of felony charge even if it was nearly 20 years ago and no new rearrest. This city could do more for others like me which are the unemployed due to a prior record released to the public by the city. Although a crime was committed on our parts, we do as citizens deserve a chance to have a our records publically sealed not esponged from the public sector but could be brought back up in any new charge in criminal court. If no new charges are filed on our behalf we should continue to have our records publically sealed only to be used for the cities discreation. I believe it is unfair to be judged from a past of over seventeen years ago in which I was only seventeen years old and have no other convictions on my record that would prevent me from employment at a company. Currently I have not been able to find an employer who has cleared my back gound for employment that is suitable for their standards. Washington DC is a district that allows companies to check back gounds only up to ten years, and Austin Texas gives opportunities to ex offenders who can provide a stable back gound of employment and without new charges from the prior conviction.

I have never displayed a type of disgruntal attitude which have subjected me to termination, supention, seperation of employment or fired for any issue made upon discontent. I have always displayed a positive attitude during my employment with a record to show my achievements and standards. My goals in life is to plan to become an independant business owner that would contribute to San Antonio business community and hirer others that need opportunity for employment. I believe everybody deserves a second chance in life to prove they can change from mistakes made as a teenager but San Antonio has not provided the same opportunity for thoes who have showed this positive change. As a city of strong beliefs and compassion, it bewilders me that many companies in San Antonio won't hire ex offenders to redeem themselfs or take a chance on the us few who have exibited outstanding changes in life.

This is my main point of sending this correspondence statement to the city leaders who are concerned about employment opportunities to citizens of San Antonio especially thoes who have been labled as felons from mistakes made as teenagers.

My question is what can I do about this or how can I change my situation? Does the city have the right to release my records since I was released from probation under Deferred Adjudication ?


Asked on 1/19/10, 2:05 pm

2 Answers from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Edward,

If you successfully completed deferred adjudication probation, you can file a petition for non-disclosure of your criminal record with the court that placed you on deferred.. You must wait five years after you are discharged from probation. This will remove the fact of the arrest and the disposition of the charge from most but not all records. The information will remain with the courts, law enforcement and certain agencies. Nevertheless, this should improve your changes of getting a job.

I practice in the San Antonio Area.

My email is [email protected].

Put PETITION FOR NON DISCLOSURE in the subject line of your message.

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Answered on 1/24/10, 3:10 pm
Edgardo Baez The Baez Law Firm, P.C.

You may qualify for a non-disclosure, which would prevent most agencies to obtain information about your arrest. Let us know if you want us to help you.

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Answered on 1/25/10, 6:28 am


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