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How would I answer this employment question?

San Antonio, TX |

I was arrested for "Violating a Protection Order." Level of degree was a Felony. I was given deferred adjudication probation, which I completed, however it was reduced to a Misdemeanor deferred adjudication.

Have you ever been convicted of a felony or subjected to deferred adjudication on a felony charge? Yes or No.

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Attorney answers 3

Posted

If it was reduced to a misdemeanor charge, then you would answer NO.

Posted

Seems to me you were not convicted of a felony - correct?
Seems to me that you were not subject to deferred adjudication for a felony if it was converted to a misdemeanor - correct?
So reasonable interpretation of the question (even if slightly confused) would be "No" as they could have clarified the concept of felony conversion to misdemeanor as another add-on to qualify the question in a better manner as to adjudication. You are not a lawyer so cannot be expected to know exactly what they "infer" as to the question taken at face value -- capice??

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained.

Asker

Posted

ok, I understand when a business or employer does a background check that the orginal charged will alway be on your record. "Right" And, a second entry that show how it was adjudicated. "Right" Then, how or maybe the HR agent is unable to interpret the background record information of a prospect applicant, and said that I lied of the application form and now disqualified for the position. This was a State of Texas job, I can I call my State representatives to ask for some further interprets.

Posted

It would seem the answer to your question is no.

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