Austin, TX asked in Criminal Law, Employment Discrimination and Employment Law for Texas

Q: Will a completed deferred adjudication probation for a class A misdemeanor show up on an employment background check?

Case for burglary of a vehicle was dismissed november 22 2016 , i was on "probation terms" for 6 months and i failed 5 piss tests so they put my in juvi followed by rehab 30 days and i got sentenced 18 months probation but only did 12 and they let me off. Will that show up on my background check with my new job ?

1 Lawyer Answer
Paul Looney
Paul Looney
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: If it is "juvi" the record is sealed, so no, it should not show up in a background check. A straight deferred adjudication probation successfully completed WILL show up on a background check. To keep this from happening a motion for nondisclosure can be filed 2 years after successful completion of probation for a misdemeanor and five years after successful completion of probation for a felony. This nondisclosure works only for "deferred adjudication" probation where there has been no finding of guilt. The nondisclosure keeps the arrest from being disclosed to anyone not connected to law enforcement. Good luck.

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