Does deferred adjudication for a misdemeanor show up on a background check?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does deferred adjudication for a misdemeanor show up on a background check?
I was arrested/charged with misdemeanor trespass 24 years ago. I was given deferred adjudication with a fine and 6 month probation. I paid the fine and successfully completed the probation. Now I’m searching for employment and need to know how to properly answer some questions on applications. I don’t want to lie but I don’t want to give too much info that isn’t necessary. Does this count as a conviction? Will this show up on a background check?
Asked on August 28, 2011 Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In California, a "deferred adjudication" is essentially like "court probation" for a criminal offense where if the person who plead out to such an offense allowing "deferred adjudication" timely pays all fees and costs associated with the offense and successfully completes the probationary period, the criminal offense is eliminated from his or her permanent record. This is what I believe happened to you.
From what you have written, if you have successfully completed the probationary period without any problems for the trespass issue and paid the fine timely, most likely there is no conviction of the trespass plea on your record and it "never happened". There should be nothing showing on a background check as well regarding the trespass matter.
To be sure, you should contact the attorney that assisted you in the matter and if there was none, contact the court clerk.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.