back ground check and pretrial intervention

[amywin3814]

What is the name of your state (only U.S. law)? Texas

I have applied for a job and did not check the box that asks about misdeameanors. My question is if I was not convicted, and I was placed on pretrial intervention, is that different from deffered ajudication?
also, will the case show up on a back ground check?

 

[CavemanLawyer]

Pretrial intervention can either be deferred adjudication or deferred prosecution. It just depends on the policy of the DA's office. Some have a true pretrial intervention program for minor offenses, which means that they do not ever file the criminal complaint and information unless you violate the probation. Most offices do file the case and you plead to deferred meaning that after you complete the probation the case is dismissed. You should have some paperwork that you signed off on that should explain the type of deferred program you agreed to. If there was an actual case filed then there should be a cause number on the document. You can go to the clerk's office and look at the file and verify that they did file a complaint and information. If so...what you got is considered deferred adjudication.

If you were arrested for this offense then yes it will be displayed by DPS in your criminal history along with the disposition. Public background checking companies vary and some will not show a deferred adjudication. It just depends. But if your probation is terminated you may qualify for a petition of non-disclosure which prohibits DPS from releasing that information to any entities. That will for all intents and purposes remove the arrest/case from all background checks. You should hire an attorney if you want to do this.