I was charged with a felony of miss application of fiduciary funds in August 2009 in Lubbock, TX. I can't remember what class it was but it was over $1500. I was put on probation for 2 years, served it with no problems. I am expected to go through an employment background check this week. They ask on the criminal & regulatory proceeding disclosure form, "I am not now a defendant in any pending criminal proceeding, nor have I in the past 5 years been a defendant in such proceedings in which judgement was rendered against me by plea or trial." The background check can take 5 to 7 days.
If though the wording is as you stated, a background may show the 2009 conviction. If you are concerned go to a local sheriff's office and pay a small fee to have them run your criminal history. Good luck.
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It appears you can truthfully answer the question as written. The 2009 felony WILL be found in the background check, so you should consider disclosing it before that happens. Whether this will be a deal-breaker depends on what type of job you are seeking. If you will have no access to company funds, it may not matter.
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