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Athens, TX |
Filed under: Misdemeanor crime

Hi,
I was charged with a Class A Misdemeanor in 2002 which i received deferred adjudication and given probation. I haven't been in any other trouble since then. I would like to pursue a career as a police officer and have tried to look up my information which used to be listed but is no longer listed anywhere. Where could I look to see if this charge is in fact no on my record anymore?

Attorney Answers 7

Posted

If you have checked with the District Clerk's office and County Clerk's Office (Some counties use the County Clerk's office for the County Courts) and nothing appears, and also purchase your criminal history from one of the more reputable online sources and it does not appear in any of them you should be ok. Keep in mind that a deferred adjudication may still be available to law enforcement agencies as they are sealed, not expunged. Good Luck

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Posted

Well whenever I check for my jailing record and court records at the county judicial records website. I remember at one point it was on there but I have been unable to find it again.

Posted

My concern is that, just because you're not seeing it, doesn't mean it has been magically erased from your record. Unless you did an expunction (which you would not have been eligible for), your record still exists. If you had it sealed (which you may have been eligible for as long as it wasn't a family violence case), it is sealed from public view but the government can still see it. This includes any law enforcement agency you would apply to. If it's been sealed, you should not be able to view it through any source. Every police department has a different policy about hiring people with criminal histories. This case will not be an absolute bar to all agencies.

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Posted

Well whenever I check for my jailing record and court records at the county judicial records website. I remember at one point it was on there but I have been unable to find it again.

Posted

Not sure where you checked but the case IS still on your record, as far as becoming a police officer is concerned. Even if you have a petition for nondisclosure granted, the police (and other agencies) will stil be able to find it.

Check the district or county clerk's record in the county in which the case was prosecuted.

Cynthia Henley
713-222-1220

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Posted

Well whenever I check for my jailing record and court records at the county judicial records website. I remember at one point it was on there but I have been unable to find it again.

Posted

Make sure to check with the appropriate Clerk's Office for your record, District and/or County and consider hiring a top notch private investigator to search your background to see if anything pops up? If you hire an investigator that is an ex-police officer they might be able to tell you whether they think the police can still access your record even if it doesn't show up in the Clerk's records or the PI's search?
The other thing is to find out if your offence/final disposition would preclude you from being accepted?

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

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Posted

Well whenever I check for my jailing record and court records at the county judicial records website. I remember at one point it was on there but I have been unable to find it again.

Constantine D. Buzunis

Constantine D. Buzunis

Posted

well then get the PI to double check as he/she may have access to a site that still maintans the record, also you should find out if the ultimate sentence you received will even be considered by the police in allowing you into the academy?

Posted

Usually the Texas Department of Public Safety; however, even if it's not there, you have to be honest on all police applications.

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Posted

but what if I tell them about it and it doesn't show up and then it nulls my chances of getting hired?

Carmine John Giardino

Carmine John Giardino

Posted

Being a police officer requires integrity. You will probably also have to take a polygraph test. Friends and family are sometimes interviewed. It's better to be honest and deal with it. Are you sure you got deferred? The arrest should show up. If you want to provide me with information to look it up, email me privately and I will look it up for you for free. My email is helpingtexas@yahoo.com.

Posted

Go to the criminal district clerk's office where the case originates. They should have a computer for you to use to do a background check on yourself.

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Posted

One of my colleagues here mentioned the idea of law enforcement being a career that demands integrity. That is absolutely true. You appear to be embarrassed about your background. That actually speaks well of you.

However, you really do need to know the true state of the situation. If you become a police officer and this comes up in a defendant's investigation of your background in a case you make, wouldn't that be humiliating to be ambushed with in cross examination?

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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Posted

Yes it would, I totally agree. The way i got in trouble was kinda weird and was a boys will be boys type situation. I have used all the resources I have available to try and see if it still appears. I cannot seem to locate any information whatsoever. I figured as a attorney you guys might know of somewhere else I might check.

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