My question is, what does the 7 year clock start? Date of offence, date of arrest, or court disposition date? Thank you!

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by Grant St. Jullian III

April 25, 2016

Asked 4/23/2016 – Spring, TX

I am applying for jobs and I have a question regarding the background check. The date of the offense was on April 5th, 2009 for a felony drug crime. The date of the arrest was June 10, 2009. The court disposition date was October 1, 2009 and I was given deferred Adjudication – 5 year probation. Around November 11th, 2011 (a few days plus or minus), I received an early termination of probation. Now I read how 3rd parties that conduct background checks can only look back at 7 years.

Answer

There is no restriction regarding how far back a 3rd party can look on a background check. If your felony case was dismissed through deferred adjudication, you can file a petition for non-disclosure 5 years after the dismissal of the case. Contact a local attorney in November of this year.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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