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Do I need to say I was convicted of a felony on an application if i am on deferred adjudication?
Anonymous4 views5 answers
I am a registered sex offender on a 10 year deferred adjudication sentence (9th year starts Dec 3). When filling out job applications, do I have to say I was convicted of a felony even though I am on deferred adjudication? Are they one in the same? I am not looking to lie to a potential employer, just trying to get an interview. I am afraid that by seeing convictions, they will toss it out and considered others first.
Eric Joe BenavidesCriminal Defense AttorneyHouston, TX ·
No, you have not been convicted. Adjudication means to be found guilty, Deferred means they are pushing that into the future. If you complete your probation your case will be dismissed and you will never have a conviction. So if they ask convicted-no, if they ask arrested-yes.
Make sure you adhere to all registration requirements when applying for employment. If the application asks if you have ever been convicted of a felony, you can truthfully answer NO. You have not been convicted. If it asks if you have been arrested or placed on deferred adjudication then the answer is YES. Although you have not been convicted of a felony, if there is a criminal background check performed, the record will show you are on deferred.
I agree with Attorney Benavides. You can say NO to that question. Just be sure you read the question carefully. If it asks whether you were "arrested, investigated for" etc., then you'd have to say YES.
You are not a convicted felon. You can answer No. However a criminal background check will disclose the offense and the court proceeding to a prospective employer. After you finish your probation contact an attorney who handled deregistration of sex offenders.
