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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1805
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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I received a park curfew violation for

Customer Question

I received a "park curfew violation" for being at an Austin, TX city park after 10:00 pm. It says this is a class C Misdemeanor. I have not called the court yet, and was wondering if this would come up for any type of employment background checks or if I should attempt to have this expunged if possible? I am 20 and seeking jobs. Thank you
Submitted: 9 years ago.
Category: Criminal Law
Expert:  INFOLAWYER replied 9 years ago.
as it will likely turn up on a background check, and as employers may use it in making hiring and related decisions, seeking expungment is recommended.

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Expert:  Jim Reilly replied 9 years ago.
Under Texas law, expungement is available only if the charges are dismissed or you are found not guilty.

Even if you committed the offense, however, and are convicted or plead guilty, you can ask for "deferred adjudication". This procedure essentially allows you to defer the finding of guilt until after you have finished a period of probation. If you complete probation successfully, the court will dismiss the case, which would allow you to then request expungement.

Finally, if you are convicted or plead guilty and cannot obtain a deferred adjudication, there is still one alternative available to prevent the conviction from being made known to potential employers. This is a Petition for Non-Disclosure, which you would file with the court. If the petition is granted, court officials and law enforcement will be prohibited from revealing the conviction to third parties, such as potential employers.

A park curfew violation seems to be the kind of offense which would be appropriate for either a deferred adjudication, followed by expungement, or an order of non-disclosure.

Good luck with the case and finding employment.

Jim Reilly
Customer: replied 9 years ago.
Reply to RunTam38 CA Lawyer's Post: How would you get deferred adjudication? Is that something that I would have to hire a lawyer for, or do I just ask for it myself?
Expert:  Jim Reilly replied 9 years ago.
You can try it this way -- the first time you go to court, ask the judge if he will grant a deferred adjudication if you plead guilty. If he says yes, then it would be okay to do it.

If he says no, then you can enter a not guilty plea and consult with an attorney before your next court appearance.

Jim Reilly