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Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
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Experience:  Experienced Criminal Trial Attorney since 1998.
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I was charged with a class B misdemeanor of land and successfully

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I was charged with a class B misdemeanor of land and successfully competed deferred adjudication which the charge was dismissed and my record is sealed. I hVe had A top secret clearance with the military and am about to apply for a job through a company contracted by the gov. They are asking if i have been charged or been on probation this is to gain a Q clearance whivh i think is a secret clearance. Can you give me your opinion if you think this will keep me from being able to gain this clearance?

Thank you for your assistance
Texas statutes state, "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." TGC 411.081(g-2).

BUT, three problems with that: (1) the federal government is not bound by Texas law, (2) other provisions of the act allow disclosure of sealed records to other criminal justice agencies and some non-criminal justice agencies, and (3) failure to disclose it may be a federal crime.

If you have to fill out a SF-86 (link below), it specifically states that, "For this item, report information regardless of whether the record in your case has been "sealed" or otherwise stricken from the court record." It also provides that, "The U.S. Criminal Code (title 18, section 1001) provides that knowingly falsifying or concealing a material fact is a felony which may result in fines of up to $10,000, and/or 5 years imprisonment, or both."

Federal law always trumps state law if there is a conflict between the two because of the Supremacy Clause of the U.S. Constitution. Thus, the botXXXXX XXXXXne is that you should disclose it under these circumstances.

A felony conviction would likely disqualify you, but I do not think it is a foregone conclusion that a deferred adjudication on a misdemeanor will result in denial of your security clearance.

Good luck to you.
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