Q: In Tx how long does assault on family misdemeanor stay on record for employers.
I thought it was 7 years but that was in 2013 and I just applied for a job (2021) and it came out on my record and I was not accepted. Is the 7years after found guilty date or after the 5 years probation was completed?
A: Criminal records never expire. If the employer does a criminal background check then it will show up forever. The seven-year rule is about CONSUMER records so that is stuff like your credit report and liens. Some consumer reports also include criminal information, so those might only show 7 years... and some employers only use consumer reports. It really depends on which type of background check the employer uses.
1 user found this answer helpful
A: While it might sound terrible, nothing on your criminal record gets removed automatically. You must apply for either an Expunction or Sealing of your record. The expunction, has very strict rules, and is only allowed when you have NOT been convicted, or when your conviction ( by plea or trial ), is overturned or otherwise removed or overturned by a Pardon or Appeal court.
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.
