Cypress, TX asked in Criminal Law and Employment Law for Texas

Q: Denied employment due to criminal history. Recently got an order of non-disclosure. Reapply?

I was denied employment a few years ago due to my criminal history that is now sealed through an order of non-disclosure. Can the employer use this now that it is sealed? Should I attempted to reapply? Thank you.

Related Topics:
1 Lawyer Answer

A: The employer can continue to use any old records they might still have from your first application. If the employer uses data directly from Texas DPS then it usually only takes them a few weeks to stop reporting the case. However, most employers get background reports from third-party data brokers and it can be months before they replace and reload data from DPS. Finally, you should be aware that some employers have access to sealed records: pacefirm.com/faq/access-sealed-criminal-records.html

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.