Does deferred adjudication for a misdemeanor show up on a background check?
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Does deferred adjudication for a misdemeanor show up on a background check?
I was arrested/charged with misdemeanor trespass 24 years ago. I was given deferred adjudication with a fine and 6 month probation. I paid the fine and successfully completed the probation. Now I’m searching for employment and need to know how to properly answer some questions on applications. I don’t want to lie but I don’t want to give too much info that isn’t necessary. Does this count as a conviction? Will this show up on a background check?
Asked on August 28, 2011 Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In California, a "deferred adjudication" is essentially like "court probation" for a criminal offense where if the person who plead out to such an offense allowing "deferred adjudication" timely pays all fees and costs associated with the offense and successfully completes the probationary period, the criminal offense is eliminated from his or her permanent record. This is what I believe happened to you.
From what you have written, if you have successfully completed the probationary period without any problems for the trespass issue and paid the fine timely, most likely there is no conviction of the trespass plea on your record and it "never happened". There should be nothing showing on a background check as well regarding the trespass matter.
To be sure, you should contact the attorney that assisted you in the matter and if there was none, contact the court clerk.
Good luck.
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