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Can an employer see my plea on a dismissed case? I was on deferred adjudication but got it dismissed before the final court date

San Antonio, TX |

i got my first DUI, and at first I pleaded guilty and i was put on deferred adjudication. I was given community hours and had to complete classes by a certain date. Before that date, I had seen a lawyer who got my case dismissed before the date that I had to complete the community hours and classes. My question is, now that it is dismissed, can an employer see that I initially pleaded guilty? I just asked because on applications it asked if I have ever been convicted of a misdemeanor or felony, which I havnt. It also asks if I ever pleaded guilty to a crime, I did here but it was dismissed before I turned in my community hours the court set for me, so I'm assuming that final verdict was never entered since it was dismissed before. Can I still say NO that I have never pled guilty?

Attorney Answers 3

  1. Any time you are arrested, you have a record that employers can see. Even if the case was later dismissed. Are you sure you entered a plea of guilty instead of no contest? That would be the typical plea to reach a deferred disposition on a DUI. Obviously you need to answer the question honestly. I would hire a defense attorney in your area to expunge the case from your record completely.

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  2. There are several things about the facts you present in your question that are not appropriate for the situation you describe yourself in currently. That being said I will answer your question assuming the facts you recite are correct.

    Your employer may see the plea of guilty if they go to the courthouse and research your case file, otherwise, it should not be published publicly due to the subsequent dismissal. Please note it is highly unlikely that you pled guilty and then your case was later dismissed. Your attorney would have had to file a writ of habeas corpus.

    If your case was dismissed then you are eligible for an Expunction within a certain period of time depending on the level of the crime (class C, B, or A). Class C immediately and Class B or A I believe two years due to dismissal because you have to wait for the statute of limitations to revile the case has run. Get an Expunction ASAP and then you can answer NO to arrest, plea, etc truthfully without any worries.

    Under your facts I would advise for you to say NO about pleaing guilty.

    Michael J. Crawford is a Criminal and Family Law Attorney located in Corsicana, Texas. He practices throughout the State of Texas and focusing on the Dallas/Fort Worth Metroplex including: Navarro, Ellis, Dallas, Hill, Tarrant, Johnson, McClennan, Freestone, Henderson, and Kaufman Counties. Answering a Question on AVVO does not create an attorney client relationship. If you have a legal problem please contact an attorney directly and do not rely solely on information received through an answer to a question on AVVO. My contact information is or (903) 875-8500.

  3. To be as simple as possible for you, if in fact your case was dismissed, then you should be able to, (and definitely want to) have is expunged. While there is more money and time considerations involved, when accomplished, you can legally answer NO on an application to even being arrested for DUI. I would suggest that you contact an attorney that can help you understand the considerations with getting an expunction.

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