Plea Bargain - Criminal Record and Background Checks

[brekehan]

Texas State

If one accepted a plea bargain in exchange for a plea of no contest, are they pleading no contest to the original charge or the lesser charge? If the former, doesn't that defeat the purpose?

I seem to have come across a piece of paper that is entitled "motion to dismiss" with the original case number, a check box, that is checked, titled "the defendant was convicted in another case", and another case number. I assume that other case number is the lesser charge.

So, what then should be on the rap sheet?
Is it:

A) Was arrested for original charge
B) Dismissed original charge
C) Plead No contest to lesser charge

Also, what will happen if the person ends up in court again in the future when they have laws for felonies with speech such as "2nd offense, and you go to jail for life." Would it be a second offense since the first was plea bargained? If that is the case, a move to another state would be in order, no?

What will show up on a background check? Will it be the same as above?

I went to the department of transportation site for the state of Texas, paid a fee, and did a record search for the person in question, and it came back with "no results found"
I am sure the name and DOB was both correct and quite unique.

So, now I am left to wonder if said person is just shooting themselves in the foot when telling the story up front about the arrest in question rather than saying "Nope, no arrests or felonies", when interviewing and filling out applications.

 

[Silverplum]

Texas State

If one accepted a plea bargain in exchange for a plea of no contest, are they pleading no contest to the original charge or the lesser charge? If the former, doesn't that defeat the purpose?

I seem to have come across a piece of paper that is entitled "motion to dismiss" with the original case number, a check box, that is checked, titled "the defendant was convicted in another case", and another case number. I assume that other case number is the lesser charge.

So, what then should be on the rap sheet?
Is it:

A) Was arrested for original charge
B) Dismissed original charge
C) Plead No contest to lesser charge

Also, what will happen if the person ends up in court again in the future when they have laws for felonies with speech such as "2nd offense, and you go to jail for life." Would it be a second offense since the first was plea bargained? If that is the case, a move to another state would be in order, no?

What will show up on a background check? Will it be the same as above?

I went to the department of transportation site for the state of Texas, paid a fee, and did a record search for the person in question, and it came back with "no results found"
I am sure the name and DOB was both correct and quite unique.

So, now I am left to wonder if said person is just shooting themselves in the foot when telling the story up front about the arrest in question rather than saying "Nope, no arrests or felonies", when interviewing and filling out applications.

What's the real story? Why are you investigating?

 

[justalayman]

It also depends on what the original and final charge is so, what is the original charge and what was the final charge.


It's odd that you would have been allowed to plead no contest in a plea bargain. Usually it requires pleading guilty to the lesser charge to have the greater charge dismissed.

 

[brekehan]

Original charge was 'Assault Domestic Violence'
Lesser Charge was 'Foul Odor'

This is the real story. One needs to know what to to say when applying for jobs, whether it is a good idea to move to another state, and/or to never engage in a relationship with a woman again for fear of the state of the criminal justice system.

If the plea bargain is going to count towards "second offense" then I'd think the latter two ideas are good ideas.
However, since it was dismissed, I am confused as to whether it counts or not.

 

[justalayman]

I cannot find the statute dealing with foul odors. Have actual code sections by chance?

Anyway, there is obviously an arrest so applicant cannot say no to such a question. The plea bargain results in a conviction of the final charge.

 

[brekehan]

I cannot find the statute dealing with foul odors. Have actual code sections by chance?

Anyway, there is obviously an arrest so applicant cannot say no to such a question. The plea bargain results in a conviction of the final charge.

Sec. 42.01 (3), I think.


Well, he could, I mean, who is going to stop him? The question is whether or not the party doing the background check will be aware, since most background checks only show convictions for felony charges. As I understand it, it is more rare and more costly to do a background check that includes arrests and misdemeanors. As such, the person in question would be shooting themselves in the foot by being truthful and up front with such information.

I'd normally think getting it expunged would be enough, but evidently, the great state of texas is so tough on crime, that it''s being expunged can even show up and the employer is absolutely free to ask about the expungement, as opposed to several other states where they can't even ask about your criminal history.

But more importantly, how does that work as far as 2nd offense? Would it be advantageous to move to another state?

 

[CavemanLawyer]

It sounds like the prosecutor filed a new charge of disorderly conduct which he plead no contest to, which results in a finding of guilty and a conviction anyway. The original assault charge was dismissed. If the conviction is for disorderly conduct then that cannot be used for any subsequent enhancement regardless of the original charge. The original assault charge can never be used to enhance anything since it was not a conviction. It was smart to have the state file a new charge instead of pleading to a lesser offense of the assault (same case number.) Class C convictions do not appear on your criminal history (TCIC) in Texas which is why you did not see it when you had DPS run the record. If he had plead to the lesser without filing a new case, then it would have shown up on his criminal history as part of the disposition description for the assault.

The ultimate answer though is that all of this still is of record. When someone runs this person through TCIC or NCIC it will show an arrest for the assault and that it was dismissed with a plea to another charge. It will forever show that unless he gets it expunged. Once expunged the statute specifically states that the person may deny the existence of the arrest entirely for any purpose other then when testifying under oath in a criminal proceeding. So it doesn't matter if a potential employer asks him if he has ever been arrested... once expunged he may lawfully and truthfully answer no.