Have A Criminal Record And Need to Apply For a Job?
People with a criminal record understandably think that a lot of doors will be closed to them when they start looking for a job. It’s easy to assume that a drug or drunk driving charge will doom future prospects for a career. Although a criminal record can reduce your opportunities, this doesn’t necessarily have to be the case. Many people with a criminal history have been able to get on a career path with meaningful employment. And some have even been able to wipe their record clean.
What Does a Criminal Background Check Show?
Many employers routinely conduct background checks on job applicants to find out whether the person has ever been arrested or convicted of a crime. So, if you were arrested but not convicted, the arrest will still appear on your record, along with the outcome.
For example, if you were arrested for public intoxication in Denton, but your lawyer convinced the judge to dismiss the case, you will still have an arrest record even though you were never convicted. So, when you apply for a job and the company does a background check, this arrest will show up, along with the fact that the case was ultimately dismissed. It goes without saying that most job applicants would prefer that potential employers never find out about their arrest to begin with.
An Arrest Can be Removed/Erased from your Record
There is a process called an expungement that removes an arrest from a criminal record. If you got arrested, but the judge ordered that the case be dismissed or you received a verdict of not guilty, you may qualify for an expungement (a.k.a. expunction).
It is possible to get a court to order an arrest to be expunged from someone’s record as long as the case did not end in a conviction. Once the record of their arrest is expunged all record of it is gone. When an employer does a routine background check on them, there will be no trace of this arrest. In fact, no one will ever see that the arrest ever occurred. This includes professional licensing boards, law enforcement, and/or prosecutors if the person were to be arrested again. Once the arrest has been expunged, the person can legally claim that it never happened.
Your Record Can be Sealed With a Nondisclosure Order
If your first arrest ended up in a deferred criminal adjudication or even if you were convicted, you may eventually qualify to have your record sealed through a nondisclosure order. To be eligible for this, your arrest must be for nothing more than a misdemeanor offense and not involve domestic violence. A first-time misdemeanor conviction for DWI may qualify, unless an accident occurred and/or the defendant’s blood alcohol concentration measured .15 or higher.
Although a nondisclosure order is less powerful than an expungement, it can dramatically improve the person’s standing in the community. Nondisclosure orders seal criminal records, so the public, including private businesses, are prevented from seeing the record. So, if you’re the beneficiary of a nondisclosure order, your arrest and subsequent conviction will no longer appear on routine background checks. However, state licensing boards, police departments, and prosecutors will still be able to see your entire record.
Who Can Help?
If you believe you qualify for an expungement or to receive a nondisclosure order, or if you want to try and have your wrongful conviction overturned, you need to find yourself a good criminal defense lawyer who specializes in these types of cases. Give our office a call today at 940.566 0271 to schedule a free consultation to determine if you are eligible for an Expunction or Nondisclosure.