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In the state of Texas, is a no contest plea with deferred adjudication considered a conviction?
Anonymous4 views2 answers
I applied for a job, and was going to get hired. They flat out told me the reason why I won't be hired is because of a misdemeanor that occurred back in 2001. First off the terms of my plea stated the charge would (and was) dismissed after completion of probation. Is this considered a conviction? Also could this be considered discrimination, since I was told by the company that they won't hire me because of this misdemeanor?
Back in 2001, there was no sealing of records (non-disclosure.) But, lawyers frequently told clients that they would have no conviction on their record - which is technically correct but misleading - they still have the case on their record.
If you received deferred adjudication community supervision (probation) and successfully served it out, then file in the SAME court, a motion for non-disclosure. This will essentially seal your record from all but law enforcement if it is granted. (The standard is the best interest of you and the State. You can prove that through your inability to get this job.)
You cannot do anything to the company that refuses to hire you. Other than discriminating for sex, religion, color, etc., they can refuse to hire anyone they want. Texas is an at-will employment state.
The charge, I'm sure was dismissed. Although it was dismissed, it will still appear on your record as "dismissed through deferred". You can do a Motion for Non-Disclosure which won't make the charge totally disappear, but will, for lack of a better word, seal your record from most prying eyes.
