On a criminal background search (which we are required to conduct on every new hire applicant) we received a final ruling of "State Jail Fel Ajudication" and we are unfamiliar with this term. I have attempted (as the Sr. HR Manager) to look up this term to find out exactly what it means without success. Would you please explain exactly what this final disposition means? This applicant's case is related to possession of Marijuana in the state of Texas. We are prohibited, by company policy, to hire anyone who has been CONVICTED of any felony crime and I am having a bit of trouble understanding the final disposition of "State jail Fel Ajudication" - was he convicted of this felony charge or not? Please advise and thank you very much.
Crimes in Texas are punishable by incarceration in a County Jail, State Jail, or State Prison. You attorney should be able to explain the difference and whether a particular applicant's record comports with your company's hiring policy.
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If he received deferred and successfully completed it would not be a conviction. You need to contact the clerk of the court and get all the documents pertaining to the case so you will know the outcome of the case.
Keep in mind that the EEOC has issued guidance on criminal background policy that your company most likely is not following if it is automatically excluding anyone who has been convicted of a felony. Contact a Texas employment attorney who is knowledgeable about how to avoid lawsuits based on criminal history for more information on how to get your policy in compliance.
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