1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Background Check Questions Weapons, Guns, Firearms

Discussion in 'Criminal Charges' started by Ruppi, Apr 20, 2020.

  1. Ruppi

    Ruppi Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Texas
    Sorry I put this question in a different category by mistake so I'm copying it here. I'm going through a background check for a job and I have to answer a few questions. I was arrested for an "unlawfully carrying a weapon" misdemeanor. I did some community service and the case was dismissed, but I have a couple of questions which I'm not sure how to answer on the background check form. They are as follows

    1) Have you ever been convicted of a criminal offense, pleaded no contest to charges or agreed to enter in a pre-trial diversion or similar program in lieu of a criminal prosecution for any crime? Yes or No.

    2) Have you accepted a disposition of adjudication withheld on any criminal charge? Yes or No

    Please help.
     
  2. zddoodah

    zddoodah Well-Known Member

    Messages:
    4,593
    Likes Received:
    1,234
    Trophy Points:
    113

    Sounds like both questions should be answered in the affirmative.
     
  3. army judge

    army judge Super Moderator

    Messages:
    33,213
    Likes Received:
    5,309
    Trophy Points:
    113


    1 = YES

    2 = YES
     
  4. Zigner

    Zigner Well-Known Member

    Messages:
    3,208
    Likes Received:
    1,725
    Trophy Points:
    113

    Does Texas have "a disposition of adjudication withheld"?
     
  5. army judge

    army judge Super Moderator

    Messages:
    33,213
    Likes Received:
    5,309
    Trophy Points:
    113

    A couple forms of that adjudication, in fact.

    However, no court proceeding is sealed.

    If you're convicted of something, a deferred adjudication doesn't erase the underlying offense(s).

    The one exception is for traffic offenses.
    Deferred adjudication or disposition can cleanse the underlying citation, restoring your pristine driving record.

    If one wishes to legally answer in the negative, one must receive a FULL executive pardon.
     
  6. Zigner

    Zigner Well-Known Member

    Messages:
    3,208
    Likes Received:
    1,725
    Trophy Points:
    113

    I understand that there are "forms" of that, and I believe those are likely covered by the broad wording of the first question that was posed to the OP. The second question asks about a very specific thing though ("adjudication withheld"). Does Texas have a disposition of "adjudication withheld"?

    PS: I'm just trying to clarify the exact term, since it's so specific in the question.
     
  7. army judge

    army judge Super Moderator

    Messages:
    33,213
    Likes Received:
    5,309
    Trophy Points:
    113

    Yes.

    Deferred Adjudication in Texas is usually offered to first time offenders.

    Although two or three time offenders could potentially receive such a finding.

    It is up to the judge in the end.

    If a person on deferred adjudication does not comply with the conditions of community supervision, the DA could ask the judge to “adjudicate” (find the subject guilty) and sentence said defendant to jail or prison.

    I've also seen people receive all over Texas "DD" for manslaughter, voluntary and involuntary homicide, even 1st & 2nd degree murder.

    Alas, such a result is more difficult today than it was in yesteryear.

    Anecdotally, a defendant in the Dallas area (and his mother) received "DD" because his lawyer argued the poor lad suffered from "affluenza".

    Ethan Couch, ‘Affluenza Teen’ Who Killed 4 While Driving Drunk, Is Freed

    Texas teen in "affluenza" case gets rehab for driving drunk, killing 4 - CNN

    Sometimes things just don't end well:

    Ethan Couch, Texas man who invoked 'affluenza' defense, released from jail
     
  8. adjusterjack

    adjusterjack Super Moderator

    Messages:
    8,862
    Likes Received:
    2,776
    Trophy Points:
    113

    It's called "community supervision" but if it walks like a duck and quacks like a duck, it's a duck.

    Texas Code of Criminal Procedure:

    The answer is yes to both questions.
     
  9. Zigner

    Zigner Well-Known Member

    Messages:
    3,208
    Likes Received:
    1,725
    Trophy Points:
    113

    I guess I'm looking at this from the wrong angle. My question is not really answerable: Why have both questions on the form when the first question seems to cover it?
     
  10. army judge

    army judge Super Moderator

    Messages:
    33,213
    Likes Received:
    5,309
    Trophy Points:
    113

    I don't know for sure WHY it was worded that way, but it should avoid someone being hired whom the employer would NOT wish to hire.

    In other words, it was worded cleverly (IMO) to catch those deceitful people amongst us.


    Some people that plead DD believe their plea exonerates them from the charge.

    The plea LEGALLY allows the defendant to avoid incarceration, ASSuming the person successfully completes the conditions imposed at sentencing.


     
    Zigner likes this.

Share This Page