Legal Question in Criminal Law in Texas

Ok, so two years ago I was arrested on two separate occasions. One for a felony drug possession and the other a dwi. I was working the same job that I started a couple weeks after both incidents, until recently. When it came time to find another job I ran into alot of issues. It's been two years and I still have not been to court for either charge. My dates keep getting pushed and it's dragging on forever. I have a great lawyer that I trust completely. In the last few months I've applied to numerous jobs. They all have ran background checks on me which I can expect. What I didn't expect is that both of the crimes I was arrested for come up as convictions on my background (through multiple companies) even though I have not been to court yet!!! Furthermore my lawyer says he can get one if not both charges dropped. My question is this: what in the Heck can I do to have the information on my background corrected? I've talked to my parents who are 30+ year policemen, my lawyer, court clerks, judges, and probation officers. I have also called the companies that conduct the screenings with no success. Everyone either tells me to speak to such and such or that there is nothing they can do. How do I get this fixed so that I can get a job and start moving forward with my life?!?!?! Please help. This has been causing an indescribable amount of stress, anxiety, and depression in my life. I don't know what else to do.�


Asked on 8/06/14, 1:16 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

I'm guessing that the background check folks are reporting your arrests which the prospective employers are treating as convictions.

If they are reporting these arrests as convictions, you have a cause of action for defamation against the companies.

If the charge is dismissed (not taken into consideration) or if you are acquitted or if you are pardoned, you can have the arrest expunged from your record. You need to discuss this with your attorney.

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Answered on 8/06/14, 8:49 pm


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