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Posted: 1/19/2006 11:35:26 AM EDT
I'm applying right now for an unpaid internship and possibly a part-time job.

The internship app asks if I have ever received deferred adjudication. Well.. I have - I received DA when I was 18, an MIP.

I'm applying for a job in Bexar County and this happened in Tom Green County. So would they even be able to access that?

I really don't want to blow my chances at this internship, but then again I don't want to get in trouble for lying about it. I honestly don't feel it's any of their business, as it happened well over three years ago and I haven't even had so much as a speeding ticket since.

Any advice is appreciated.
Link Posted: 1/19/2006 11:59:49 AM EDT
[Last Edit: 1/19/2006 12:02:02 PM EDT by RenegadeX]

Originally Posted By jcp84:
I'm applying right now for an unpaid internship and possibly a part-time job.

The internship app asks if I have ever received deferred adjudication. Well.. I have - I received DA when I was 18, an MIP.

I'm applying for a job in Bexar County and this happened in Tom Green County. So would they even be able to access that?

I really don't want to blow my chances at this internship, but then again I don't want to get in trouble for lying about it. I honestly don't feel it's any of their business, as it happened well over three years ago and I haven't even had so much as a speeding ticket since.

Any advice is appreciated.



The HR training I have recieved over the years has consistently held it is illegal to ask a job applicant about arrests, questionings, charges, etc., only actual convictions. If I asked you that and you complained, I could get fired for putting the company at risk of a lawsuit.

The whole point of DA is to eliminate something from being on your record. It like asking to see your sealed juvenile history. In a DA, the charges are dismissed with prejudice. Odd how you would have to answer "yes" to this but do not have to mention your 6 acquittals of murder charges.

I would write "N/A".
Link Posted: 1/19/2006 12:58:08 PM EDT
an MIP really is no big deal. If you weren't arrested, it's not on your DPS criminal history, but if you received a DL suspension that would be noted on your driving record. And the court records would exist in either case, but they sure would be tough for someone to find if it was deferred and no DL suspension was reported to DPS.

at any rate, if you got deferred disposition (techically it's not "deferred adjudcation" - it's "deferred disposition" but the concept is the same), and sucessfully completed it, the case is dismissed, and you can get the records expunged and the arrest (if there was one) expunged from your criminal history.

Note that this is only the case for class C misdemeanors. If you got a deferred adjudcation (applicable to class B and above) you cannot get an expunction, but you may be eligble for an order of non-disclosure which limits access to the records.
Link Posted: 1/19/2006 4:04:49 PM EDT
[Last Edit: 1/19/2006 4:06:03 PM EDT by jcp84]
.
Link Posted: 1/19/2006 4:26:37 PM EDT
[Last Edit: 1/19/2006 4:29:12 PM EDT by freemanesq]
Tell the truth or refuse to answer.

R.
Link Posted: 1/19/2006 9:09:05 PM EDT
[Last Edit: 1/19/2006 9:10:14 PM EDT by XDTom40]

Originally Posted By B2:
an MIP really is no big deal. If you weren't arrested, it's not on your DPS criminal history, but if you received a DL suspension that would be noted on your driving record. And the court records would exist in either case, but they sure would be tough for someone to find if it was deferred and no DL suspension was reported to DPS.

at any rate, if you got deferred disposition (techically it's not "deferred adjudcation" - it's "deferred disposition" but the concept is the same), and sucessfully completed it, the case is dismissed, and you can get the records expunged and the arrest (if there was one) expunged from your criminal history.

Note that this is only the case for class C misdemeanors. If you got a deferred adjudcation (applicable to class B and above) you cannot get an expunction, but you may be eligble for an order of non-disclosure which limits access to the records.



The court's disposition is still reported to DPS via CJIS reporting form if it is class B or higher or a reduction to class C. MIP is not a big deal. It is going to depend on what kind of position you are holding and what their policies are. Deferred Prosecution (or as referred to above as Def Disp) and Deferred Adjudication are different. Are you sure it wasn't Def Pros? In alot of cases, if you don't put it down and they catch you lying, then that could be grounds for not hiring or firing you later on when they do find out. Usually there is a statement in the app about the true statements.
Link Posted: 1/19/2006 9:16:05 PM EDT
Link Posted: 1/19/2006 10:22:32 PM EDT
Renegade X called it correct with the exception that there are a fair amount of jobs in Texas that are exempt from that on the grounds of security. You would know better than I whether or not that applies; but regardless I would say the best policy has already been mentioned - tell the truth or refuse to answer.

Deferred adjudication is easy enough to discover by even a modest search. Your employer will eventually discover it unless they are incompetent. If they don''t have authority to deny employment on that basis they will find another reason to, especially if you lied to them. If they do have that authority, they will definitely find out so you might as well get the "honesty" points for coming out now.
Link Posted: 1/19/2006 11:53:36 PM EDT
I have performed a TON of background checks in my day and let me assure you that most employers do not perform a background check or perform the cheapest and most inadequate job they possibly can. So unless this job is with an agency that has easy access to NCIC, chances are they will NOT find your case.

There is NO public access database of all criminal and civil cases. Many are online but not all and they are not all linked together.

So since you live in another country from where the charge was, don't plan on them ever knowing about it. Barring the caveat mentioned above.

Why shoot yourself in the foot when you don't have to? You do have a right not to incriminate yourself :)
Link Posted: 1/20/2006 12:04:37 AM EDT
If its a federal LE intership you are screwed... deffered adjudication and defered disposition = same thing and they will find out about it. They will send someone to EVERY courthouse in the counties and municipalities to see what you have deffered as there are people who do that as their job for LE agencies.

If its a regular job its probably a joke as far as the background chech and you will fly under the radar.
Link Posted: 1/20/2006 4:25:01 AM EDT
[Last Edit: 1/20/2006 7:41:34 AM EDT by B2]

Originally Posted By XDTom40:

Originally Posted By B2:
an MIP really is no big deal. If you weren't arrested, it's not on your DPS criminal history, but if you received a DL suspension that would be noted on your driving record. And the court records would exist in either case, but they sure would be tough for someone to find if it was deferred and no DL suspension was reported to DPS.

at any rate, if you got deferred disposition (techically it's not "deferred adjudcation" - it's "deferred disposition" but the concept is the same), and sucessfully completed it, the case is dismissed, and you can get the records expunged and the arrest (if there was one) expunged from your criminal history.

Note that this is only the case for class C misdemeanors. If you got a deferred adjudcation (applicable to class B and above) you cannot get an expunction, but you may be eligble for an order of non-disclosure which limits access to the records.



The court's disposition is still reported to DPS via CJIS reporting form if it is class B or higher or a reduction to class C. MIP is not a big deal. It is going to depend on what kind of position you are holding and what their policies are. Deferred Prosecution (or as referred to above as Def Disp) and Deferred Adjudication are different. Are you sure it wasn't Def Pros? In alot of cases, if you don't put it down and they catch you lying, then that could be grounds for not hiring or firing you later on when they do find out. Usually there is a statement in the app about the true statements.



Deferred Disposition is not the same as Deferred Prosecution or, say, pretrial diversions. DA (class B up) and DD (class C misd only) is statutory (TCCP42 and 45), whereas DP and PTD is contractual agreement with the State and may permit expunction after completion witout regard for the class/degree of the crime.

Link Posted: 1/20/2006 5:39:17 AM EDT
I previously worked as a backgoround investigator with Pinkerton for companies suck as Compaq. Our policy was to check for criminal records at the county level in each county the subject resided in, attended school in, and worked in for the prior 7 year time period. This was a hands-on search at the courthouse.

If I were you, I would list it. As it was previously stated, it is a very minor offense, legally the same as a traffic citation.
Link Posted: 1/20/2006 6:50:18 AM EDT
Honesty really IS the best policy. Your troubles REALLY start when you conceal it and they come across it during the background.

If you are interning in any sort of Gov. job or company that handles Gov. contracts, (Lockheed for example) they WILL find it.
Link Posted: 1/20/2006 8:32:37 AM EDT

Originally Posted By B2:

Originally Posted By XDTom40:

Originally Posted By B2:
an MIP really is no big deal. If you weren't arrested, it's not on your DPS criminal history, but if you received a DL suspension that would be noted on your driving record. And the court records would exist in either case, but they sure would be tough for someone to find if it was deferred and no DL suspension was reported to DPS.

at any rate, if you got deferred disposition (techically it's not "deferred adjudcation" - it's "deferred disposition" but the concept is the same), and sucessfully completed it, the case is dismissed, and you can get the records expunged and the arrest (if there was one) expunged from your criminal history.

Note that this is only the case for class C misdemeanors. If you got a deferred adjudcation (applicable to class B and above) you cannot get an expunction, but you may be eligble for an order of non-disclosure which limits access to the records.



The court's disposition is still reported to DPS via CJIS reporting form if it is class B or higher or a reduction to class C. MIP is not a big deal. It is going to depend on what kind of position you are holding and what their policies are. Deferred Prosecution (or as referred to above as Def Disp) and Deferred Adjudication are different. Are you sure it wasn't Def Pros? In alot of cases, if you don't put it down and they catch you lying, then that could be grounds for not hiring or firing you later on when they do find out. Usually there is a statement in the app about the true statements.



Deferred Disposition is not the same as Deferred Prosecution or, say, pretrial diversions. DA (class B up) and DD (class C misd only) is statutory (TCCP42 and 45), whereas DP and PTD is contractual agreement with the State and may permit expunction after completion witout regard for the class/degree of the crime.




I stand corrected. Thank you for clarification. I never dealt with Def Disp when I was working in the court system and thought he was referring to Def Pros.
Link Posted: 1/20/2006 2:29:44 PM EDT
Thanks for the replies everyone. Looks like I'm going to have to break down and put it on there.
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