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Athens, TX |

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


  1. 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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  2. 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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  3. 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


  4. 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.


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

    If this answer was helpful to you or if it was the best answer, please click the buttons that state helpful and best answer. Please understand that all of my answers are for informational purposes only, are not legal advise, and do not create an attorney-client relationship between you and me. I am not your attorney and you are not my client unless we enter into a signed contract. My only legal advise to you is that you should immediately consult with and hire a lawyer and that you should not represent yourself. If you want to more information about personal injury, visit http://www.sainjurylawyer.com or if you want more information about criminal defense, visit http://www.giardinolawfirm.com. Good luck!


  6. 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.


  7. 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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