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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118115
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I pled nolo contendre to a DWI misdemeanor seven years ago.

Resolved Question:

I pled nolo contendre to a DWI misdemeanor seven years ago. I was told by the court that after I completed community service and paid fines and probation was done successfully that it would be deferred adjudication and it would not appear on a background check. I have cleared successfully for several positions until recently and it is suddenly showing back up. I paid for Texas Fresh Start to research this and they said there is NO deferred adjudication and I was not eligible for expungement or sealing. How did this happen and is there anything I can do?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 years ago.
Have you actually gone to look at the case file in the court to determine if there was a deferred adjudication or not?
Customer: replied 4 years ago.

No, I guess that's my next step. Do I need to go directly to the courthouse or is it available online? I really am confused that it never showed up until seven years later! I read that background check companies can get through expungements and deferred adjudications. I know there are laws that prevent an employer from asking certain questions not related to your job. I have been with the same employer for five years and I am concerned because I did not disclose this information. But I was also cleared for employment then. Another employer I applied to told me about this. I explained I was under the impression that it was DA and therefore not reportable.

Expert:  Law Educator, Esq. replied 4 years ago.
You need to go to the court directly to examine the court file to see for yourself what it states and do not rely on online records which may not be accurate. Background check companies can only find records that are available in the public records somewhere and they find things because many times some computer records that were published online remain, but you need to search your name online to try to find out and also in a background check, under the Fair Credit Reporting Act they must provide you with a copy of the information they discovered so you can dispute it or have it corrected.

As far as the DA, you have to find the court record to find what it says in the file about that and if you find it was a DA and you are eligible for expungement, file for expungement right then while you are at the court clerk's office and they have blank motions for expungement for you to complete and file.

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Customer: replied 4 years ago.

Thank you. I will do that next week. I'll let you know what happens.

Expert:  Law Educator, Esq. replied 4 years ago.
Thank you. Keep me posted please.
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