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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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I was red by Shannon Hospital position in San Angelo Tx. I

Customer Question

Hello
I was hired by Shannon Hospital for CNA position in San Angelo Tx. I past my drug test & nicotine screening. I signed a paper stating I was hired on the 6th of June was told I start on the 20th of June. They called me today saying they pulled back their job offer. Because I have a conviction. This conviction was 8 years ago. I completed All my supervision requirements. I thought Texas had a 7 year rule . I was convicted of a drug charge. I don't see that charge barring me from employment. Its a CNA job I really had my heart set to begin employment on the 20th of this month, Any advice ?
Sec. 250.006. CONVICTIONS BARRING EMPLOYMENT. (a) A person for whom the facility or the individual employer is entitled to obtain criminal history record information may not be employed in a facility or by an individual employer if the person has been convicted of an offense listed in this subsection:
(1) an offense under Chapter 19, Penal Code (criminal homicide);
(2) an offense under Chapter 20, Penal Code (kidnapping, unlawful restraint, and smuggling of persons);
(3) an offense under Section 21.02, Penal Code (continuous sexual abuse of young child or children), or Section 21.11, Penal Code (indecency with a child);
(4) an offense under Section 22.011, Penal Code (sexual assault);
(5) an offense under Section 22.02, Penal Code (aggravated assault);
(6) an offense under Section 22.04, Penal Code (injury to a child, elderly individual, or disabled individual);
(7) an offense under Section 22.041, Penal Code (abandoning or endangering child);
(8) an offense under Section 22.08, Penal Code (aiding suicide);
(9) an offense under Section 25.031, Penal Code (agreement to abduct from custody);
(10) an offense under Section 25.08, Penal Code (sale or purchase of child);
(11) an offense under Section 28.02, Penal Code (arson);
(12) an offense under Section 29.02, Penal Code (robbery);
(13) an offense under Section 29.03, Penal Code (aggravated robbery);
(14) an offense under Section 21.08, Penal Code (indecent exposure);
(15) an offense under Section 21.12, Penal Code (improper relationship between educator and student);
(16) an offense under Section 21.15, Penal Code (improper photography or visual recording);
(17) an offense under Section 22.05, Penal Code (deadly conduct);
(18) an offense under Section 22.021, Penal Code (aggravated sexual assault);
(19) an offense under Section 22.07, Penal Code (terroristic threat);
(20) an offense under Section 32.53, Penal Code (exploitation of child, elderly individual, or disabled individual);
21) an offense under Section 33.021, Penal Code (online solicitation of a minor);
(22) an offense under Section 34.02, Penal Code (money laundering);
(23) an offense under Section 35A.02, Penal Code (Medicaid fraud);
(24) an offense under Section 36.06, Penal Code (obstruction or retaliation);
(25) an offense under Section 42.09, Penal Code (cruelty to livestock animals), or under Section 42.092, Penal Code (cruelty to nonlivestock animals); or
(26) a conviction under the laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense listed by this subsection.
(b) A person may not be employed in a position the duties of which involve direct contact with a consumer in a facility or may not be employed by an individual employer before the fifth anniversary of the date the person is convicted of:
(1) an offense under Section 22.01, Penal Code (assault), that is punishable as a Class A misdemeanor or as a felony;
(2) an offense under Section 30.02, Penal Code (burglary);
(3) an offense under Chapter 31, Penal Code (theft), that is punishable as a felony;
(4) an offense under Section 32.45, Penal Code (misapplication of fiduciary property or property of financial institution), that is punishable as a Class A misdemeanor or a felony;
(5) an offense under Section 32.46, Penal Code (securing execution of document by deception), that is punishable as a Class A misdemeanor or a felony;
(6) an offense under Section 37.12, Penal Code (false identification as peace officer; misrepresentation of property); or
(7) an offense under Section 42.01(a)(7), (8), or (9), Penal Code (disorderly conduct).
(c) In addition to the prohibitions on employment prescribed by Subsections (a) and (b), a person for whom a facility licensed under Chapter 242 or 247 is entitled to obtain criminal history record information may not be employed in a facility licensed under Chapter
242 or 247 if the person has been convicted:
(1) of an offense under Section 30.02, Penal Code (burglary); or
(2) under the laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense under Section 30.02, Penal Code.
Text of subsection effective until January 01, 2017
Submitted: 5 months ago.
Category: Employment Law
Expert:  Samuel II replied 5 months ago.

Hello
​Yes, you are correct. You should not be barred because of such a conviction 8 years ago. I suggest you check with the court and make sure they have the proper criminal charge listed. If it is correct, then I suggest you bring this to the attention of HR and tell them your conviction from 8 years ago should not be considered in your hiring. If they do not reconsider, then I suggest you consult with a local attorney to discuss a possible lawsuit.

Customer: replied 5 months ago.
A lawsuit will be extremely hard in texas. In 2013 Texas Attorney General Greg Abbott filed suit against the Equal Employment Opportunity Commission (EEOC) in federal court Monday, arguing that the EEOC's guidelines "limit employers from excluding convicted felons from employment," according to the Dallas Business Journal. - . I will go pick up my copy of background check tomorrow. By law they have to give me my copy.
Expert:  Samuel II replied 5 months ago.

Thank you. Do you have another question in this regard?

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