H1: Understanding Deferred Adjudication and Its Impact on Background Checks
Have you completed deferred adjudication probation and are wondering whether it will come up during a background check and if it will affect you? In this article, we will delve into the intricacies of deferred adjudication and how its completion can impact your background check. We will explore what deferred adjudication is, the conditions under which different entities may or may not report it, and the exceptions that might come into play.
H2: What is Deferred Adjudication?
Deferred adjudication is a legal process in which a plea agreement is reached in which the court grants the defendant a break. If the defendant complies with all the stipulated terms and conditions, such as not getting into further trouble, during a designated period – typically probation – the charges against the defendant may be dismissed without a conviction being entered. However, this does not mean all information related to the case is erased from the system.
H2: Will Completed Deferred Adjudication Come Up on a Background Check?
It depends largely on what you mean by a “background check” and “affect.”
H3: Most Private Sector Non-Regulated Jobs
For most purposes, once you are discharged from a deferred adjudication order, you have no conviction or pending criminal history on your record. This means that for most private sector non-regulated jobs, it will not be reported on your criminal history report. Consequently, it will not prevent you from purchasing a firearm, as there are no disqualifying criminal histories listed in most such jobs.
H3: Exceptions and Disqualification Criteria
Some private employers can set their own disqualification criteria. If a deferred adjudication requires a guilty or no contest plea, then it could be considered disqualifying. Furthermore, some industries, such as pharmacists, pharmacy techs, bank employees, armored car drivers, nurses, pilots, and others, have regulatory or statutory requirements for criminal history checks, and deferred adjudications might be treated the same as convictions in such cases.
H3: Government and Contractor Jobs
For law enforcement, criminal justice, and many other government and contractor jobs, a deferred adjudication is treated the same as a conviction. Certain offenses, such as aggravated sex abuse, are not eligible for non-disclosure orders, and for felonies, there is a 5-year waiting period for non-disclosure.
H3: Exception to the Rule - Dismissal of Charges
The exception to the rule is when the original court dismisses the complaint. In this scenario, the Record Access Primitive (RAP) will have a specific code that indicates the dismissal of the charges.
H3: Non-Disclosure Orders
A non-disclosure order is an order that instructs specific entities such as the court clerk, sheriff, district attorney, and probation office not to disclose the fact that an individual was arrested and on deferred adjudication. This can be effective for many private sector non-regulated jobs. However, some offenses, like aggravated sex abuse, are not eligible for non-disclosure orders. Additionally, felonies have a 5-year waiting period before a non-disclosure order can be sought.
H2: Conclusion
Understanding deferred adjudication and its impact on background checks can be a confusing topic, but it's crucial for those who have gone through this process. By knowing the specific rules and exceptions, you can better navigate the challenges and potential restrictions. Regardless of the outcome, it's important to stay compliant with the terms of your probation and seek legal advice if you have any concerns.