Can an employer in Texas deny you employment based on Criminal History?

Texas-TAO · 01-16-2008, 06:37 AM

I am curious to know whether or not an employer in the State of Texas can legally and rightfully deny you employment based on your background check. Before you say yes, let me throw something out there in which will make you think a bit more in detail.

Say for example, the application asks whether or not you've ever been CONVICTED or PLEAD GUILTY to a crime and you put NO and when they run your background check comes back, it shows your criminal history along with the fact that you plead guilty.

However, you never were convicted of the crime due to the fact you took Deferred Adjudication and successfully completed it and the charge was dismissed by the court.

Based on this information, can they deny you employment?

01-18-2008, 08:28 PM

I would suggest you ask the DA and lawyer that handled the case how you should answer given your status--but deferred adjudication is normally not a conviction.

01-16-2008, 06:37 AM	#1
Texas-TAO Senior Member Last Online: 03-16-2008 02:18 PM Join Date: Jan 2008 Location: Texas Posts: 23	Can an employer in Texas deny you employment based on Criminal History? I am curious to know whether or not an employer in the State of Texas can legally and rightfully deny you employment based on your background check. Before you say yes, let me throw something out there in which will make you think a bit more in detail. Say for example, the application asks whether or not you've ever been CONVICTED or PLEAD GUILTY to a crime and you put NO and when they run your background check comes back, it shows your criminal history along with the fact that you plead guilty. However, you never were convicted of the crime due to the fact you took Deferred Adjudication and successfully completed it and the charge was dismissed by the court. Based on this information, can they deny you employment? __________________ I am not a lawyer / attorney, the responses I give are simply educated responses or from personal experiences. Member of the Texas Adjudication Outreach (A registered Non-Profit Organization with both the State of Texas and U.S. Government) - http://www.tajlr.com - http://www.deferredadjudication.org - http://www.myspace.com/austintajlr

01-18-2008, 08:28 PM	#2
Unregistered Posts: n/a	Re: Can an employer in Texas deny you employment based on Criminal History? I would suggest you ask the DA and lawyer that handled the case how you should answer given your status--but deferred adjudication is normally not a conviction.

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