Skip to main content
John Weldon Shaw

John Shaw’s Answers

20 total


  • Can anyone get a certified copy of my criminal background in Dallas tx

    Dallas

    John’s Answer

    No, not just anyone can get a certified copy of your certified criminal history record information maintained by the Texas Department of Public Safety Crimes Dissemination and Information Bureau. The list of individuals who can obtain this information is found at Texas Government Code 411.083 and includes 8 specific agencies and individuals, you can find the statute at this link http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.411.htm#411.083

    See question 
  • I got arrested and charged with felony..l was never convicted,I was on deferred adjudication.

    Will the felony show up on my criminal background check? If so what does it show as?

    John’s Answer

    Yes it will show up. The arrest will create an initial event cycle. To receive deferred adjudication you had to plead guilty or no contest (aka nolo contendere). That plea will also appear, however, your record will denote that you were placed on deferred adjudication. Once you complete the terms of the community supervision the judge will discharge you from probation and the charges will be dismissed. You should then consult an attorney about requesting an order of nondisclosure which will prevent most employers from finding out about the arrest and subsequent deferred adjudication.

    See question 
  • Can an employer legally do this?

    My girlfriend is a repiratory therapist. She recently quit her job to take a job with another hospital for the night shift that they had just added. In other words, a night shift RT never existed before; she was the first one to hold that positio...

    John’s Answer

    Texas is an at-will employment State which means that an employer can fire an individual for any reason or no reason at all so long as there is a non-discriminatory purpose for doing so.

    See question 
  • Help on background question an application.

    I was arrested back in 2002 on a felony charge, but after going to trial, my case was then droped to a class a misdemeanor, now the question on the application reads like this, Have you ever been convicted of a felony, or have you participated in ...

    John’s Answer

    According to what you wrote you were only "arrested" for a felony. It is unclear whether you were convicted of the Class A misdemeanor but it appears to me that the employer is concerned about convictions, pre-trial diversion and deferred adjudication for "felony" offenses. A Class A misdemeanor is not a felony.

    See question 
  • How vague can I/should I be when informing potential employers if my recent felony conviction for possession?

    Are answers such as: "Wrong place at the wrong time.", or "Made some very poor life decisions that led to a felony charge.", acceptable? Also, I received Deferred Adjudication for 2 years, should I inform the potential employer of that as well or...

    John’s Answer

    First things first, you should always be 100% honest on a job application. Not being truthful is a perfectly legal reason not to hire a job applicant. That being said, if I understand your question correctly, you have been placed on deferred adjudication for the possession offense. That is not a conviction, therefore it is perfectly legal (and correct) for you to check "no" in the conviction box if this is the only scrape that you have had with law enforcement. Deferred adjudication under Texas Code of Criminal Procedure 42.12 Sec. C defers your prosecution unless you fail to comply with the community supervision terms you agreed to. If you succesfully complete those terms you will be discharged from community supervision and the offense will be dismissed.

    All of that being said, do not be surprised if Employers still choose not to hire you when they find out you are on deferred adjudication. Especially if the offense that you are on deferred for is related to the position that you are applying for.

    See question 
  • Can I win a Texas unemployment appeal if I quit my job?

    This is about my unemployment claim in Texas...My elderly father and I moved to Arizona from texas in Aug 2011. I work seasonally in Texas for the IRS. I went back in feb for my season. I quit in late March because I had left my dad alone in Az a...

    John’s Answer

    Speaking very generally, voluntarily quitting disqualifies you from receipt of unemployment compensation benefits under the Texas Unemployment Compensation Act (TUCA) if you voluntarily quit without work connected good cause.

    While the TUCA does not define good cause, the Texas Workforce Commission (TWC) Appeals Policy and Precedent Manual defines good cause to mean such cause, related to the work, as would cause a person who is genuinly interested in retaining work to nevertheless leave the job.

    An individual cannot be disqualified because the individual left work because of a medically verifiable illness of the individual or the individual's minor child. TUCA does not extend this exception to anyone else in the individual's family.

    All of that being said, attend the telephone hearing, tell your story and see what happens. Best of luck.

    See question 
  • Statue of limitations to file for unemployment benefits

    What is the statue of limitations to file for unemployment benefits (within how many days/months after losing a job should a person file for unemployment benefits), with the state of Texas (Texas workforce commission)? Can I get any unemployme...

    John’s Answer

    There is no statute of limitations to file for unemployment benefits. Realistically you should apply as soon after your termination as possible to ensure that all witnesses with relevant facts concerning your separation remember what happened and can testify to the separation.

    I cannot tell you whether you can get benefits because you have provided no information regarding your work separation. Generally, as long as you did not quit and you were not terminated for your own work connected misconduct you are eligible for benefits that you apply for and you follow all of the continuing eligibility requirements of the Texas Unemployment Compensation Act.

    For more information visit the below webpage.

    See question 
  • Unemployment denied for no call

    I was arrested on some bogus charges and posted bond, but wasn't able to call to work for two days. The company fired me after seven years of employment with no severance and now they are denying unemployment compensation because they consider th...

    John’s Answer

    • Selected as best answer

    First things first. You have to make sure that you follow all instructions from the Texas Workforce Commission (TWC) concerning timeframes to appeal the denial of your unemployment benefits. You have 14 days from the date your denial is mailed from the claims examiner to appeal the denial of unemployment compensation benefits (UCB) to the appeal tribunal. A telephone hearing will then be scheduled before the TWC Appeal Tribunal at which point you will be able to tell the hearing officer your side of the story. If a decision is not favorable from the appeal tribunal you then have 14 days from the date the unfavorable decision is mailed from the hearing officer to appeal to the three panel member commission. Usually, no further hearing will be held and they will make their decision based upon the prior administrative record. There are additional requests for re-hearings and the ability to file a petition for judicial review that I will not address in this answer.

    All of that being said, the employer will have the burden of justifying your termination because they initiated the termination. They will have to prove that you were terminated due to your own misconduct which means that you either violated a company policy adopted to ensure the orderly work and safety of employees or you mismanged your position.

    Unfortunately for you, violation of a policy does not require the employer to prove that you intentionally violated the policy. Therefore, if their policy required you to call in if you were going to be absent and you failed to call in, the TWC does not have to consider WHY you did not call in.

    I have no idea whether you have a case or not. I never recommend that anyone handle a UCB hearing without legal counsel. For additional information see the attached link.

    See question 
  • If my apartment complex is filing an eviction against me but never gave me written notice, can I get the eviction dismissed?

    Another tenants money order was mistakenly posted to my apartment number and I was never informed of being late or in default of my rent.

    John’s Answer

    Yes, the eviction under these circumstances should be dismissed. Under Texas law, prior to filing a lawsuit, a landlord must give written notice (regardless of whether you know you are in default of the lease contract or not). The notice to vacate must be given to you at least three days before the eviction is filed in the Justice Court. The only exception to this requirement is if you signed a contract that specifically dictates how much time the landlord has to give you prior to filing suit. If the lease is silent it is defaulted to three days notice.

    The notice must be given to you in person or by mail at the premises in question. If the notice is given in person it must be given to you as the tenant or to any person residing at the premises that is 16 years of age or older. Personal delivery may also be accomplished by affixing the notice to the inside of the main entry door. if the notice is sent by mail it can be sent via regular mail or certified mail return receipt requested to the premises in question.

    For more information on notice please review Texas Property Code Sec. 24.005 found online here: http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.24.htm#24.005

    See question 
  • How do i answer the following question on an application for employment? my case was dissmissed and was changed from a DWI to

    how do i answer the following question on an application for employment? my case was dismissed and was changed from a DWI to Obstruction of a Highway Passage. I am not sure how to answer the following question though when completing employment a...

    John’s Answer

    Obstructing Highway or Other Passageway is a Class B misdemeanor in the State of Texas. Texas Penal Code Sec. 42.03. It is not a minor traffic violation which is traditionally defined as a class C misdemeanor under the Texas Transportation Code punishable by fine only.

    Judging by your question, although you were arrested and charged with DWI, the prosecutor lowered the charge to Obstructing which happens quite often. That being said, for employment purposes I think you would have to answer the question by divulging the arrest and conviction for obstructing.

    See question