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If you are on probation and have to serve work release for 2 weeks, will this show up on a background check as separate charges?

San Antonio, TX |

I was on probation in 2008 for "Driving with an invalid drivers license" and I failed my first drug test and had to do work release for 2 weeks. I'm applying to a professional school that will be doing a background check and wondering if this will show up on my record?? I did the 2 weeks and succesfully completed the probation (which I believe was a deferred adjudication for the offense).

Attorney Answers 3

Posted

It shouldn't. You can pay to run a background check on yourself if you want. If you completed deferred successfully on that charge and you haven't been convicted of anything since, you probably qualify to seal the entire thing from your record with a petition for nondisclosure. Contact any local criminal defense attorney if you'd like to hire someone to do this work for you. It sounds like it's worth it for you. It's best to do it sooner rather than later since it can take 6 months or even longer for everything to clear up, and if you pick up any convictions, you no longer qualify.

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4 comments

Deepali Meenu Walters

Deepali Meenu Walters

Posted

I didn't explain that well. The purpose of paying for a check on yourself would be to see what it is potential employers are seeing. Best of luck to you!

Asker

Posted

Thanks!!

Asker

Posted

Also, is there a background check company that you would recommend? I know there are various companies online, but was wondering if any are more thorough than others?

Deepali Meenu Walters

Deepali Meenu Walters

Posted

I'm sorry, I have no clue. One option is to run a check with the sheriff's office. I think they do one for a fee. Another option is to run your name online in a search engine and just see what comes up. If you know any human resources people or apartment complex managers, you can ask them which company they use. If all of your trouble has been in Bexar County and as an adult, you may even be able to check as easily as looking it up on the county clerk's site.

Posted

Successfully completed deferred adjudications will show up on your criminal record. As my colleague pointed out you can apply for a non-disclosure order, however, there are 23+ exceptions as to who can still see this non-disclosed information. In my opinion, the exceptions practically swallow the rule.

The fact that you did work release will not show up on your record if it was done "as a condition of community supervision." If on the other hand, it was done as jail time to sentence you on the deferred, it will show up that you served time on the DWLI.

Ultimately, while it is never good to accumulate any kind of criminal record, I would not be too concerned about a DWLI offense showing up on your record, because (again in my opinion) it is not one of the major infraction categories that employers are looking for (i.e. drug/alcohol abuse issues, violent offenses, theft and other crimes of moral turpitude).

Good luck to you!

This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with a criminal defense attorney.

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Posted

I agree with Mrs. Walters and Mrs. Soyars. The two weeks that you served in jail for failing the drug test is not a separate charge. The DWLI probation will show up on your record as a successfully completed deferred adjudication probation unless you request non-disclosure of your record from the court that placed you on that probation. There is a filing fee for the Petition and a lawyer can assist you with filing the Petition; and also getting your Order signed so that it can be submitted to law enforcement agencies.

Once your record is sealed, it will still be available to law enforcement agencies and government entities. Thus, if you plan to work for federal, state or local government or any law enforcement agency, it will still be accessible. As Mrs. Soyars stated, this type of charge will not likely have an impact on employment opportunities.

The information provided is not advice but a legal perspective and you should schedule a consultation with the lawyer of your choice.

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