Allen, TX asked in Criminal Law for Texas

Q: I received deferred adjudication in march for a mistake. I completed everything. Will it show in a background check?

I walked off of a Wal-Mart with an iitemi intended to bit accidentally & was charged with theft. I paid all my fees & got into no more trouble & the case was dismissed. Will that show on a background check?

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5 Lawyer Answers
Rick  Davis
Rick Davis
Answered
  • Criminal Law Lawyer
  • Bryan, TX
  • Licensed in Texas

A: That arrest and case will likely appear on your record unless you file a Petition for Order of Non-Disclosure with the Court and the Court grants the Motion.

Kiele Linroth Pace agrees with this answer

Jorge Vela II
Jorge Vela II
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Agree with Richard Davis. You need to file a petition for non-disclosure in order to seal your record.

This is different than an expunction. You should consult with an attorney and he can explain the difference to you.

www.jorgevelalaw.com

Kiele Linroth Pace agrees with this answer

Lucio Antonio Montes
Lucio Antonio Montes
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: Yes, if you took a deferred adjudication. It will come up on a background check. It will show that it was dismissed and that it is not a final conviction. You will have to apply for a non-disclosure in order to be able to hide the crime from any non government agencies. Speak to a criminal defense attorney or learn how to do it yourself. Good luck.

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: It will appear on background checks unless it is destroyed with an expunction or sealed with nondisclosure. Expunction is only an option if it was a class C misdemeanor. If it was a B or above then nondisclosure is your only option. Sealed cases are visible to law enforcement and an array of other organizations listed here: https://www.pacefirm.com/faq/access-sealed-criminal-records.html

Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: It depends on who performs the check and where they look, but as a general rule yes, cases completed thru successful completion of deferred probation will appear on a background check. Talk with an attorney about a petition for non disclosure. Good luck.

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