Legal Question in Criminal Law in Texas
Termination Deferred Adjudification Guidelines
If a person was ordered to be on deferred adjudification for 7 years and got off early (1/3 of the time) because of no violations of probation, should it still show up on a background check and would an employer have the right to deny an application because of the deferred adjudification even though it has been terminated already & early dismissal as well?
1 Answer from Attorneys
Re: Termination Deferred Adjudification Guidelines
Situations like yours are what led to the creation of Orders of Non-Disclosure. What happens in the background check is that you were arrested, and the case was dismissed due to successful completion of deferred adjudication. It means that the record remains on your record, only without a conviction. In order to shield this information from your employer (all lay persons except 23 government agencies) retain an attorney to see if you qualify to file a non-disclosure petition.
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