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Why is Texas Jobs so strict about Misdemeanors from a different state? Background check keep failing!!

Dallas, TX |

I recently moved to Texas from Virginia. I've been applying for jobs like crazy. Of course the jobs that I apply for goes through a background check. Everytime I go through a background check I failed. I applied for Dillards and DirectTV and both background checks failed. So I'm guessing almost every job I apply for the background check will fail?I have a criminal record from Virginia. Three misdemeanors. 1 is a class A&B misdemeanor for assault this happen back in 2006 or 2007 and I was put on probation for 3 yrs. Probation ended 01/22/2011. I also have two other misdemeanors that were dismissed ...one is disorderly conduct and the other is Class C Misdemeanor for assault, both of these charges were dismissed but I was put on probation. In the state of Virginia if you were put on probation or anything, you can't not get any dismissed charges removed from your record. I understand that whatever the charge may be in one state...it is different in another state...so how would Texas look at this? I was told if you have any assault charges on your record...IT WILL BE HARD TO GET A JOB ANYWHERE IN TEXAS! I don't know how true this...but since I failed two background checks...I'm guessing this is a fact. I do not have any felonies....only been convicted once and two dismissed charges. So I don't understand why my background check is failing. Also, when I apply for jobs they mostly ask if you ever been convicted of a felony. my answer is no. Then it ask if you ever been convicted of any other crime. I say yes and it will also state do not include dismissed, sealed, or expunged. But when my background check is being ran...it comes back failed...the background check report is mailed to me with in 2 weeks and show why it failed. The same...my dismissed charges and one misdemeanor conviction. Why? When on the application it simply stated do not include dismissed charges and a conviction will not bar you from employment. It's a bit unfair. So do I have any chance in getting a job in Texas or do I need to move to another state?

Attorney Answers 1


  1. People with criminal records do actually find employment in Texas, and on a fairly regular basis.

    That said, with all the commercial data bases for criminal records, even if an employer is not supposed to check, I have come to believe that most do.

    This is really an employment law question, so I am moving it there.

    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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