Job Applications

[bign1485]

What is the name of your state (only U.S. law)? Texas
I got a dwi about 2 years ago and it was dropped down to obstruction of the roadway. I was put on deferred adjudication and completed it. I now have graduated college and have a job interview coming up soon. Before the interview I have to submit a questionaire and one of them asks if i have been charged with or convicted of a misdemeanor or felony in the last 7 years. Should i answer this as having a dwi or obstruction of the roadway? The interview is next week and i need to get this questionaire in ASAP. Any help is much appreciated.

 

[HighwayMan]

No one is going to tell you to lie.

You were charged with a misdemeanor (I presume). So you are thinking of lying and saying no?

 

[bign1485]

No i dont want to lie. I just am not sure if i should put obstruction of the roadway or dwi. The dwi was dropped down so i dont no how to answer the question. They will do a background check so of course i dont want to lie. I just dont want to put dwi if i dont have to. I obviously want to have every chance i can get to get this job. I am a little surprised by your post to be honest. This has nothing to do with telling a lie.

 

[dave33]

No i dont want to lie. I just am not sure if i should put obstruction of the roadway or dwi. The dwi was dropped down so i dont no how to answer the question. They will do a background check so of course i dont want to lie. I just dont want to put dwi if i dont have to. I obviously want to have every chance i can get to get this job. I am a little surprised by your post to be honest. This has nothing to do with telling a lie.

The whole purpose of deferred adjudication is so you can answer "no" to those questions on job applications. Before you start filling out applications you must make sure the charge is expunged or filed (whichever one applies in your state).

You are correct when you say it has nothing to do with telling a lie. goodluck.

 

[bign1485]

Dave,
I have not had it expunged yet because it has not been 2 years since i started the deferred. I was under the impression I could not get it expunged until 2 years after i was done with the deferred so I still need to claim that I was charged with something. The problem i have is that i dont know if i should put dwi or the charge it was dropped to of obstruction of the roadway. I want to make it clear that I do not want to lie to the employer as one of the previous posters said.

 

[cbg]

You put down what the charge ultimately was finalized as, not what it originally started from.

 

[dave33]

Dave,
I have not had it expunged yet because it has not been 2 years since i started the deferred. I was under the impression I could not get it expunged until 2 years after i was done with the deferred so I still need to claim that I was charged with something. The problem i have is that i dont know if i should put dwi or the charge it was dropped to of obstruction of the roadway. I want to make it clear that I do not want to lie to the employer as one of the previous posters said.

I doubt the 2 years applies to def. adj. Another one of the purposes of the def. adj. is not to enter a plea. The 2 years probably appllies to guilty pleas.
Whoever the attorney of record is, you should consult before you do anything.

If you insist on claiming something, your guess is as good as any. goodluck.

 

[CavemanLawyer]

Dave33 you are not helping. Everything you stated is factually inaccurate.

Completing a deferred adjudication probation only avoids a conviction, it does not change the fact that you were originally charged with DWI and you cannot deny that arrest without lying. The only truthful way to answer that portion of the job application is to say that you were charged with DWI but not convicted. Whether you choose to explain the full process of reduction and deferred is up to you.

It is not possible to expunge a completed deferred adjudication probation with the exception of class C offenses. It is possible, however, to have a petition for non-disclosure granted. The effect of the nondisclosure is that the records are sealed to most entities outside of law enforcement, and you are allowed to deny the original arrest on any application for employment or licensing. Take a look at Government Code Sec. 411.081 in particular subsection (g-2).

Because obstruction of a highway is under section 42 of the Penal Code, yes you have to wait two years after your probation was discharged before you can file for a petition of nondisclosure.

 

[dave33]

Dave33 you are not helping. Everything you stated is factually inaccurate.

Completing a deferred adjudication probation only avoids a conviction, it does not change the fact that you were originally charged with DWI and you cannot deny that arrest without lying. The only truthful way to answer that portion of the job application is to say that you were charged with DWI but not convicted. Whether you choose to explain the full process of reduction and deferred is up to you.

It is not possible to expunge a completed deferred adjudication probation with the exception of class C offenses. It is possible, however, to have a petition for non-disclosure granted. The effect of the nondisclosure is that the records are sealed to most entities outside of law enforcement, and you are allowed to deny the original arrest on any application for employment or licensing. Take a look at Government Code Sec. 411.081 in particular subsection (g-2).

Because obstruction of a highway is under section 42 of the Penal Code, yes you have to wait two years after your probation was discharged before you can file for a petition of nondisclosure.

Nothing is inaccurate except instead of expunged or sealed it is a petition for non-disclosure. That is the whole point for deferred adj. or a diversion program. Under your reasoning anyone with an exp./seal would be a liar if they answered "no'. Also, the o.p. never said he was placed on probation.
No probation no 2 year waiting period.
Whether it 's a non-disc. or a sealing many people go this route to not have a conviction for the very reason of employment. The o.p. should take advantage of his good fortune and the deal that he was lucky enough to get, if not it was all for nothing.

 

[HighwayMan]

Dave33 you are not helping. Everything you stated is factually inaccurate.

Gee, what a surprise.

 

[HighwayMan]

Nothing is inaccurate...

If it comes down to believing you (especially with your track record) or an actual experienced attorney I'll take the attorney.

 

[dave33]

Gee, what a surprise.

And you helped...How?

Another one of your ignorant useless comments. Good job.

 

[HighwayMan]

And you helped...How?

By letting the OP know who not to listen to.

 

[CavemanLawyer]

dave33 yes everything that you have written so far is inaccurate. I cannot say it any nicer than that. You have a very bad habit of telling people what you think the law should be and labeling it as what the law is. The only thing worse than no legal advice is bad advice.

That is the whole point for deferred adj. or a diversion program.

No the point of deferred adjudication is to avoid the conviction and the loss of rights that go along with that. The arrest, court proceedings, and probation all remain of record until sealed via a petition for nondisclosure. This is such a fundamental concept of deferred adjudication in Texas that it is a required admonishment that the Judge must give at the time the person is placed on deferred (C.C.P. 42.12 Sec 5 (a-1) and again when the person is discharged (C.C.P. 42.12 Sec (c-1) (2). ) If just completing a deferred adjudication probation allowed you to ignore the original arrest and charge then there would be no point in seeking a petition for nondisclosure.

Under your reasoning anyone with an exp./seal would be a liar if they answered "no'.

Excuse me? I am the one stating that a person would need to get the petition for nondisclosure granted specifically so they could answer "no" on the application. I even provided the section that states this.

Govt. Code Sec. 411.081 (g-2)
A person whose criminal history record information has been sealed under this section is not required in any application for employment, information, or licensing to state that the person has been the subject of any criminal proceeding related to the information that is the subject of an order issued under this section.

Also, the o.p. never said he was placed on probation.

Actually the o.p. said so in the second sentence of his first post. "deferred adjudication" IS probation in the state of Texas. The fact that you do not realize this and continue to use use terms like expunged and diversion underscore your fundamental lack of understanding of this topic, because those terms by definition cannot even apply to deferred adjudication.