Houston, TX asked in Criminal Law and Federal Crimes for Texas

Q: when i am filling out any application they ask me about my criminal record but not sure if its a yes or no

hello i was arrested in Texas, Harris county because i was drifting at a street take over and the cops charged me which deadly conduct (felony) and they seized my car, once i was booked in the DA dropped the charged down to a reckless driving (misdemeanor) and i was out on a PR bond. my lawyer got my case dismissed and i got my car back which was a different civil case. i did defensive driving classes , anger management , and decision making to get my case dismissed. now my question is when I'm filling about any application they ask me about my criminal history like "have you, within the last 10 years, been convicted of or received deferred adjudication for a felony level offence?" or "have you, within the last 2 years, been convicted of or received deferred adjudication for a class A or B misdemeanor ?" what should my answer be for both the questions?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: From your description, it sounds to me like you received deferred adjudication for reckless driving. Reckless driving is not a felony. Technically, it is also not a Class A or B misdemeanor; it is a hybrid offense.

Answering no to both questions might be perceived as being dishonest by certain employers without explanation.

My recommendation would be to answer no but to put “(reckless driving-deferred)” next to your answer on the application. That way, a future prospective employer will not accuse you of hiding something.

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