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Do I have to disclose 2nd degree assault to potential employers etc.

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EsparzaH

New member
[TX] When I was 16, I was charged with 2nd degree assault, and I failed to appear in court, and then turned 17. After turning 17, I received a letter that gave me the options to plead guilty or no contest to my charge. I wasn't thinking straight, and I let my ex-stepfather make the decision for me, and I don't remember which option he circled, but I signed my name as if it were my decision. Do I have to reveal this charge to potential employers/scholarship opportunities/colleges, and who can see this charge? Was I legally tried as an adult because I was 17, and did I miss out on my chance for some sort of legal representation? Can I get this off my "record?" PS, during the charge I talked to the officer and admitted guilt, but I was never read Miranda rights, and the officer included details in the report that didn't happen, would it be difficult to prove the officer included things that didn't happen, and does me not having been made aware of my rights change anything?
 


quincy

Senior Member
[TX] When I was 16, I was charged with 2nd degree assault, and I failed to appear in court, and then turned 17. After turning 17, I received a letter that gave me the options to plead guilty or no contest to my charge. I wasn't thinking straight, and I let my ex-stepfather make the decision for me, and I don't remember which option he circled, but I signed my name as if it were my decision. Do I have to reveal this charge to potential employers/scholarship opportunities/colleges, and who can see this charge? Was I legally tried as an adult because I was 17, and did I miss out on my chance for some sort of legal representation? Can I get this off my "record?" PS, during the charge I talked to the officer and admitted guilt, but I was never read Miranda rights, and the officer included details in the report that didn't happen, would it be difficult to prove the officer included things that didn't happen, and does me not having been made aware of my rights change anything?
How old are you now?

Have you discussed this with your ex-stepfather?

Pleading guilty and pleading no contest is (essentially) the same thing. With a guilty plea, you are admitting guilt and with a no contest plea, you are not contesting the charge against you. You are convicted as guilty with either plea. The main difference is that a no contest plea cannot be used against you as an admission of guilt in a civil action that arises over the same incident.

You can get a copy of your records from the police agency and from the court.

Whether you have to report the arrest/charge/conviction on any application depends on the application, the type of employment.

Good luck.
 
Last edited:

FlyingRon

Senior Member
Whether they can ask also depends on the state, but Texas has no limitation on them asking about convictions nor use of background check information in determining employability.
 

cbg

I'm a Northern Girl
You do not need to volunteer the information if they don't ask. But if they do ask a question for which a truthful answer would mean reporting this, you need to answer truthfully.
 

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