Legal Question in Criminal Law in Texas

I recently met an individual who joined our church. He is out of work. He has had multiple low income jobs throughout his life. He has helped me with yard work and general low skill labor. When I asked why he didn't work in retail he said, about 10 years ago he wrote a check for $20.00 that bounced. For whatever reason he did not address the problem and now he has a "theft by check" conviction. Whenever a retailer checks his background, it comes up and he does not get a job offer.

Is there anything I can do to help remedy this problem? I am not asking to overturn or challenge anything, just be able to do something to let him earn a living again even at minimum wage level.


Asked on 5/12/11, 7:12 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

If he took a final conviction on the case, then he cannot seal it (nondisclosure) nor can he expunge it. Theft by check is one of those offenses that is explainable if the applicant provides the information up front. He should get a copy of the judgment and sentence, and provide copies of same along with his application when he applies for jobs. (It is difficult to believe that this problem keeps him from getting a job when I have clients with far more significant histories getting jobs. But, the economy isn't great and they have to weed out in some manner. This might help, though.

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Answered on 5/12/11, 7:50 pm


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