Will Probation Show Up on a Background Check?

By definition, in Texas probation is a conviction and will show up on a background check, though the check might not be able to show that you are currently on probation. There are a few cases where you can remove a conviction by having it sealed with a non-disclosure. Even then, the record will still exist for law enforcement and other entities to see, but will be sealed from public view. Deferred Adjudication probation is a special case, because it is not a conviction, but it still does show up on background checks unless you have it sealed.

So, the simple answer to your question is yes. Unless you have been proactive to have the case sealed, it does show up on your background check. Also, many conviction records are simply impossible to remove from your criminal record. Unfortunately, this means the conviction will remain on your record forever, or until the law changes (or you get a pardon from the Governor.) If you have further questions, you can keep reading, r you can reach out to us for a free consultation with an experienced attorney.

Understanding Background Checks

What is a Background Check?

• A background check is a review of job applicants criminal records, credit history, and other relevant information to assess their trustworthiness and reliability.

• Background checks are commonly used by employers to make informed hiring decisions.

• In Texas, background checks are regulated by state and federal laws, including the Fair Credit Reporting Act.

Why Do Employers Check Criminal History?

• Employers conduct criminal background checks to verify information provided on the application and to protect themselves from liability issues.

• They may also conduct checks during the hiring process to ensure they are hiring a trustworthy individual.

• Conducting a background check can help an employer make an informed hiring decision.

• Texas is a “Right to Work” State, meaning employers can terminate or withdraw an employment offer for almost any reason, as long as it does not violate the Civil Rights Act.

What Information Can a Company Access in a Criminal Background Check?

• Under Texas state law, potential employers can access conviction and parole or probation information.

• Expunged and sealed records are typically not available.

• Government jobs may require access to criminal information that has been removed from public records.

• The type of information available may vary depending on the employer and the job.

How Does Probation Affect a Background Check?

• Probation can show up on a background check, depending on the type of probation and the employer’s requirements.

• Unserved probation or unsupervised probation may be viewed differently than supervised probation.

Understanding Your Criminal Record

• It’s essential to understand what information is included in your criminal record and how it may affect your job prospects.

• You have the right to request a copy of your criminal record and dispute any inaccuracies.

• Sealed or expunged records should not appear on a criminal background check.

What to Expect from a Criminal History Check

• A criminal history check may include information from court records, federal regulations, and other sources.

• The check may reveal criminal convictions, pending charges, and other relevant information.

Managing a Negative Criminal History

• If you have a negative criminal background check, it’s crucial to address the issue honestly and transparently.

• Providing documentation and context regarding your criminal record can help mitigate concerns.

• Employers usually consider the entire circumstances, including background check information, when making hiring decisions.

Strategies for Addressing Pending Charges

• When addressing pending charges, honesty and transparency with your potential employer usually best, since they will be able to review your criminal records anyway..

• Providing documentation about your pending charges can also be effective in mitigating concerns regarding background checks..

• It’s essential to understand your rights as a job applicant and to seek legal counsel if necessary.

How to Get Help with a Background Check

• If you’re concerned about your background check, it’s essential to seek legal counsel.

• An attorney can help protect your rights and work towards a favorable outcome.

• The record-sealing process can help keep information from appearing on most background checks.

Conclusion

• A background check can be a crucial step in the hiring process, and it’s essential to understand what information may be included.

• By knowing your rights and taking steps to address any issues, you can increase your chances of a successful job application.

• Remember that many employers are willing to give candidates a second chance, especially if they can demonstrate commitment to change.

• Reach out to us to speak with an attorney about your criminal history.