Will a withheld adjudication keep me from jobs?

Will a withheld adjudication keep me from jobs?

Hello,

I was convicted of a criminal offense here in Florida for theft back in 2010. I am currently attending school and in my senior year at Saint Leo University and am majoring in criminal justice with a minor in homeland security.

Adjudication was withheld from the case, but I'm scared that when I graduate, and get off probation I won't be able to find a job in my degree field. Do you have any recommendations on what to do. I am also currently unemployed and finding a problem find a job as well.

Thanks,

Wayne

Will a withheld adjudication keep me from jobs?

Hello Wayne,

I get a lot of questions about withheld adjudication / deferred judgement. Lets understand what it means to ex-offenders and felons looking for jobs. Withheld adjudication generally refers to a decision by a judge to put a person on probation without an adjudication of guilt. There will be terms set by the court usually a fine and a period of probation. Once the terms are met, the charges are typically dropped. There will be no conviction associated with that offense. If the person does not complete the terms of probation, a finding of guilty may be entered and the person may be sentenced according to the punishments defined for the offense.

So when completing an application that asks if you "Have you ever been convicted of a crime, you can answer "no" and rightly so because you haven't. Bear in mind that the charge will appear on a background check as a charge and not a conviction. You should have no problem with this. To absolutely certain of the status, you should check with the prosecutor or your probation officer associated with your case.

As for finding a job in Florida, I suggest you contract your nearest One-stop Career Center. There you will find a variety of services that can help you find your next job. You probably can find counselors who will work with you one-on-one to help you. You can find your nearest One-stop Career Center here:
One-stop Career Centers

I hope this helps.

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Will a withheld adjudication keep me from jobs?

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Do felons list “Deferred Probation” on Job Applications?

Do felons list “Deferred Probation” on Job Applications?

I have a previous misdemeanor assault on a family member on my record. I currently on probation deferred for assault on a family member that is classifies as a felony. Do I list the felony on an application, even though I am on deferred probation? I read somewhere that the felony charge will not show up on a background check. How accurate is that? I reside in Houston, Texas. I do have an advantage, I served honorable in the military for six years. I am now in the Inactive Ready Reserve. My obligation will end in two years. I need advice on what to put on an application. How do I explain myself while in an interview?

Thank you,

Ramiro

 Do felons list “Deferred Probation” on Job Applications?

Hello Ramiro,

Your question not easily answered and I can see how that can affect a felon job search. Deferred adjudication, withheld adjudication, deferred probation all fall into the same basic category.  In most cases, adjudication is withheld pending some other action, usually successful completion of the terms. These terms are typically a fine and probation.  If you successfully complete the terms, in most cases the charges are dismissed. When you complete the terms you will be given a document declaring the charges dismissed.

My suggestion to you is to contact the prosecutor or court officer that is assigned to to your case and inquire if the charge was indeed dismissed.  If it was dismissed, you can answer "no" to the conviction question. This is not intended as legal advice, just information.  For more detailed information as it relates to deferment in your state, you should get help from a qualified legal professional.  I suggest your local legal aid office.  You should be able to get low-cost, probably no-cost assistance.

I hope this helps.

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 Jobs for Ex-offenders and Felons: Where Felons can Find Jobs

Jobs for Ex-offenders and Felons: Ten Steps to Getting a Job with a Criminal Record

 

 

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Do felons list “Deferred Probation” on Job Applications?

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Withheld Adjudication Keeping Ex-offender from Getting Jobs

Withheld Adjudication Keeping Ex-offender from Getting Jobs

Hello Eric,

I have an adjudication withheld/felony/battery from over ten years ago. I was never convicted and released from probation two years early for good behavior. I have payed my dues; court fees,anger management,community service and probation. Regardless if I admit to my background or not , I still can not find work, I have been turned down by big corporations like Walmart, and pending on my background from Home Depot. I can not work with children or elderly and had to drop out of nursing school. Now wanting to be a Vet Assistant because I love animals and a state license is not required; hoping this dream career is not crushed as well. Please help me get through this nightmare. It is my past not my present nor my future. I only defended my life, and could not afford a real attorney. Faced five years in prison if I was found guilty at my trial so I took a plea in my best interest not having a trial but now realizing it was in my worst interest. No matter how many years go by.

GT

Withheld Adjudication Keeping Ex-offender from Getting Jobs

Hello GT,

I believe you took the correct path with Withheld Adjudication.  There is absolutely no need for an expensive trial which you may have lost and got an awful conviction on your record and also be out of a lot of money.  This way you have no conviction on your record.

It seems that you are getting in your own way a bit.  Let's start with applications. Employers are rarely interested in charges, just convictions.  Typically, applications ask "Have you ever been convicted of a crime...."  Since you have not been convicted, you should NEVER list it on an application if the application asks for convictions.  The answer is "NO."

Let's get clear about Withheld Adjudication.  Withheld adjudication / deferred judgement/deferred adjudication generally relates to a determination by a judge to place a person on probation without a judgement of guilt. There will be terms set by the court, usually a fine and a period of probation. Once the conditions are fulfilled, the charges are normally dismissed.  Since your charges were dismissed you should NEVER list it.  Now, if an application asks for charges, you can list it and note that the charge has been dismissed.  Please, please. please don't take my word for this.  This is simply general information.  You should get clarification from the prosecutor associated with this case to be absolutely sure. As I tell every ex-offender and felon I work with, never offer information that is not asked for and it will make your job search a lot easier

I hope this helps you feel more confident when applying for jobs. 

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Can I work in a hospital with Deferred Conviction?

Hello Mr. Mayo,

Last year I was arrested and and charged with a crime.  I was given deferred conviction.  I just applied to work in the kitchen of a hospital.  It is a really good job and I want to know if that deferred conviction will keep me from getting it.

Kelly

 Can I work in a hospital with Deferred Conviction?

Hello Kelly,

Deferred Conviction / Deferred Judgement / Deferred Adjudication is sometimes offered to first time offenders who commit lesser crimes.  It allows the offender to keep a clean record.  In most cases the offender enters a guilty plea and is sentenced to probation and and a fine.  One the probation is finished and fine is paid, the original charges are dropped allowing the offender to keep a clean record.  Since the charges are dropped, there is no conviction.  The arrest will be there but no conviction.  This process allows the court system to process more cases without clogging up courtrooms.

When it comes to applying for jobs, most employers are only concerned with convictions rather than arrests.  When filling out the application, pay careful attention to the wording.  If the application asks "Have you ever been arrested......" You must list the arrest.  If it asks "Have you ever been convicted......"  you can answer "No" because there was no conviction.

I hope my explanation makes sense.  If it does not, I suggest you contact either the prosecutor of the case or your probation officer to give you a better explanation.  The point I am making is, do not list your arrest if you do not have to.  I encourage everyone with a criminal background who is looking for a job to never offer information that isn't asked for.  Never tell anyone anything they don't have to know especially if could harm your chances of getting hired.


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Mom in Texas is a Felon and Needs to find Employment

I saw your online blog and I enjoyed it. I'm currently on 3 years deferred adjudication for a felony drug charge. I'm in need of a local job in my area, but haven't really been able to find one who will hire me with a felony charge. I'm currently serving the 3 years right now and will have only 2 years left come November. I live in Alvin, TX 77511. I do not have a driver license and am kind of stuck. I have 3 small children and a husband who seems to have trouble with budgeting.

Please help if you can. I admit that I am desperate because I also have an open CPS case and they require that I get a job. I need the money to pay for daycare and groceries for my children. My husband is sick at the moment and has been unable to attend work all this week. We are behind in our rent and bills as well. A job will allow me to help pay and go grocery shopping. I understand budgeting money better than my husband, but a job will help me teach him in the process of taking care of the house, bills, and children.


Please help me to get a job. One that will hire a person on deferred adjudication for a felony drug charge. I'm definitely desperate right now.

Sincerely,


Safiyah

Mom in Texas is a Felon and Needs to find Employment

Hello Safiyah,

I'm sorry you're are having such a hard time finding work.  The thing to understand about deferred adjudication is, that it will come up as a conviction until the terms of the deferment has been met (typically a fine and probation.)

Regular readers of my blog know the first suggestion I make to ex-offenders and felons looking for jobs is to make a visit to their nearest One-stop Career center. There you will find counselors who offer career guidance. Often these counselors have experience working with people with criminal records. You can find out what career options are available to you based on your convictions. There are many other services there that can prepare you for a new career as well as listings of jobs in your immediate area.

You can find the One-stop Career Center nearest you at:


Workforce Solutions - Astrodome
Comprehensive Center

9315 Stella Link Road Houston, TX 77025-4012

Workforce Solutions - Texas City
Comprehensive Center

3549 Palmer Highway Texas City, TX 77590

Jobs for Ex-offenders and Felons: Where Ex-offenders and Felons Can Find Jobs 

Another resource in your area is Goodwill Houston.  Goodwill has been helping ex-offenders and felons find jobs across the country for many years.  You can find the Goodwill employment program in your area here:

Goodwill Houston Job Connection Services

 I understand that these options may be a distance from you so they may not be that convenient.  You may also consider temporary employment as a way to get a paycheck and possibly a permanent job.  Independent agencies, in my opinion, offer the best opportunities for ex-offenders and felons to get hired.  Often the larger corporate agencies have corporate policies that forbid the hiring of an ex-offender or felon.   With smaller companies, you will more often than not interview with the owner or manager that has the power to hire anyone that person feels is best for an assignment.

Make a list of temporary agencies in your area from the telephone book.  Visit them and apply just as you would any other job.  Have your resume with you to leave along with your application.

My final suggestion is to apply to small locally owned companies for jobs.  In most cases, small companies cannot afford to run expensive background checks so they may offer the best opportunity for you to get hired.  

I hope this helps 

 This video tells how temporary agencies work.  Felons can use temporary agencies to get jobs.

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Mom in Texas is a Felon and Needs to find Employment

Eric Mayo

A felon with deferred judgement  looking for jobs

 

Hello there,

I am hoping to get this question answered correctly, I currently live in Colorado Springs and in January of 2009 I picked up a felony menacing charge and 5 counts of child abuse without injury, after 26 days in county jail I finally accepted a plea for the felony menacing charge and 1 count of child abuse without injury, I was offered a 3-year deferred judgement, and told by my public defendant that this charge would never show up once the 3-year deferred was done, I learned that was untrue from my probation officer, I was also told I do not have to tell a potential employer about the felony unless it they specifically ask if it resulted in probation or a deferred adjudication, I hold a degree in Computer Technology and have been unable to obtain any work in my field since this charge, so my questions are:

1. Am I legally bound to disclose any of this to a potential employer?

2. Will I ever be able to work for the federal government or obtain a security clearance?

3. When doing a pre-employment background check, how will this charge appear to a potential employer, is it a conviction, or do they see it is deferred, or does it not appear at all (I was told by my probation officer that it does not appear).

If you can help me with these questions I would deeply appreciate it.

Thank You.

 A felon with deferred judgement  looking for jobs

 
Hello,

In most cases when the terms of deferred judgement are met, the charges are dropped. Since the charges were dropped, there is no conviction. Record of this can only be seen by the court system, law enforcement and certain government agencies. In deferred judgement, there is an initial plea of guilty. It is my understanding, at the end of the probationary period, if you have complied with all the conditions of probation, the guilty plea is considered withdrawn, the case is dismissed and no conviction enters. This is because a conviction is not final until there has been both a guilty plea or finding of guilt and the imposition of sentence. Since sentencing does not occur before the end of the probationary term, there is no conviction.

You can answer that question "no" on your employment application. However, be very careful to read the question correctly. As I encourage all ex-offenders and felons job searching, pay careful attention to the wording of the application. If it asks for convictions, you only have to list convictions. If it asks for arrests, you must list all arrests.

To get an absolute understanding, contact your local legal aid office. An attorney there can explain this better than I can.

I hope this helps.

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This Book Has Helped Thousands of Felons Get Jobs ! You can get a copy of this book for as little as $5.00 Click Here! 

A felon with deferred judgement looking for jobs