Weapons, Guns, Firearms Background Check Questions

[Ruppi]

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.

 

[zddoodah]

Sounds like both questions should be answered in the affirmative.

 

[army judge]

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

1 = YES

2 = YES

 

[Zigner]

1 = YES

2 = YES

Does Texas have "a disposition of adjudication withheld"?

 

[army judge]

Does Texas have "a disposition of adjudication withheld"?

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.

 

[Zigner]

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.

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.

 

[army judge]

Does Texas have a disposition of "adjudication withheld"?

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

 

[adjusterjack]

Does Texas have a disposition of "adjudication withheld"?

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:

Art. 42A.001. DEFINITIONS. In this chapter:

(1) "Community supervision" means the placement of a defendant by a court under a continuum of programs and sanctions, with conditions imposed by the court for a specified period during which:

(A) criminal proceedings are deferred without an adjudication of guilt; or

(B) a sentence of imprisonment or confinement, imprisonment and fine, or confinement and fine, is probated and the imposition of sentence is suspended in whole or in part.

(2) "Court" means a court of record having original criminal jurisdiction.

(3) "Electronic monitoring" includes voice tracking systems, position tracking systems, position location systems, biometric tracking systems, and any other electronic or telecommunications system that may be used to assist in the supervision of defendants under this chapter.

(4) "Supervision officer" means a person appointed or employed under Section 76.004, Government Code, to supervise defendants placed on community supervision.

Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.

The answer is yes to both questions.

 

[Zigner]

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?

 

[army judge]

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?

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.

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