Right now the job market is an employer’s market with an excess of applicants wanting jobs and promotions. This excess of job applicants allows employers to be exceptionally selective about hiring decisions. Even small defects in an applicant’s profile can make a difference in receiving a job offer. Relatively insignificant criminal records like public intoxication can be enough to ruin a job opportunity. Even if the hiring manager loved you in the interview and you are well qualified for the job.
With an estimated 92% of employers conducting background checks, there is an excellent probability that your background check will provide your employer information about your past (alleged) criminal activity. Federal and Texas law places some limits to how far into the past background checks can go into your past. However, there are exceptions and employers can look back farther into your past in many cases. There are some remedies against employers who violate background check statutes; however, as an employment attorney I can tell you it is not always easy to win these remedies.. Even if you could win at some point down the road, you still need that job right now. It’s better to deal with the information that could come up in a background check before the background check happens.
Expunging criminal records for employment background checks in Texas by an expunction lawyer
In many cases you can remove or seal records of criminal convictions, arrests, or deferred adjudication, which prevents them from appearing in a verified background check as well as more questionable background check resources, like some of the fly by night background check services online (although some of the online services are quite good). Even if your deferred adjudication, arrest, or conviction is old, it may be worthwhile to deal with it now to avoid future problems.
Obtaining an expunction (sometimes called an expungement) or an order of non-disclosure may not be a difficult process but it is important to obtain the correct order for the type of conviction, arrest, or deferred adjudication in your record and to make sure the court’s order covers everything it needs to. For this reason, you should work with an attorney to clean up your public criminal records. Judges have discretion to grant an order of non-disclosure. An experienced attorney can assist you in presenting the best possible case to convince the judge to grant your order. Talk to an experienced Texas expunction lawyer about your options.