Contingent job Offer based on criminal record- Nurse

[Dr. Jake Oil]

If it was deferred ajudication then if you completed the probation period, it should have been dismissed. Depending on the wording of the question on the app, if it asks for "charges" or "arrests" then that can still be problematic... if it asks for "convictions" then you can answer "no" with a deferred charge.

You can also look into getting your record expunged so that you answer no next time if the charge was in fact dismissed.

[CGGirl]

You can't get deferred adjudications expunged in the state of Texas. You can only get them sealed after X number of years.

[BeenThereDunThat]

Originally Posted by CGGirl

You can't get deferred adjudications expunged in the state of Texas. You can only get them sealed after X number of years.

Do you know how long a period before you can get a deferred adjudication expunged? I'm guessing 5 to 7 yrs but that's just a guess. The answer may be a big help to the Original Poster.

Thanks for the info!

[CGGirl]

Originally Posted by BeenThereDunThat

Do you know how long a period before you can get a deferred adjudication expunged? I'm guessing 5 to 7 yrs but that's just a guess. The answer may be a big help to the Original Poster.

Thanks for the info!

You can't. You can never get a deferred adjudication expunged in TX. You can get it sealed but that's it. I know that for felonies, it used to be 10 years before you could apply for nondisclosure but they passed legislation some years back to change it to 5. It may have been reduced to 2 years for certain most misdemeanors but state agencies and law enforcement can still see the arrest and plea.

[newnurse13]

Originally Posted by BeenThereDunThat

One more question.... was your case handled by juvenile court? While you may be considered as an adult at 17 in TX, the legal system functions by the paper process and I've seen stranger things happen thanks to how a case was "processed". I had a client ask me for help in dealing with a background check as he had an assault charge dropped by participating in adjudicated DA diversion program which effectively didn't show up on the records. Now his arrest did show up but he wasn't convicted of the charge. So we had a lawyer dig and dig and dig and they couldn't find any corresponding records in the system, but his arrest kept showing up.

So the lawyer filed for expungement and it was removed with the exception that the DA reserved the file. This simply meant that if he ever got arrested again under similar charges, the file might be pulled to support repeat behavior. But the DA record would never be used in a background check as it would be prohibited due to the court expungement order. His thing was that the arrest record could screen him from employment consideration.

(Law is weird in Louisiana FWIW) Anyways...just wondering and offering food for thought if it helps. If your case was processed by juvenile court (even though you were 17)....it could maybe be sealed due to the court status loophole as being handled in the juvenile justice program. (Again not a lawyer here, but something to consider...good luck!)

Unfortunately, it wasn't handled by juvenile court. I wish getting it expunged was an option for me. But from what I've researched online the best thing I could do is get a nondisclosure but the hospital will still be able to see the record.

If the theft was a misdemeanor C then I could've had it expunged. But since its a B, I cant. :/

Thank you so much for your advice though!