Please install the following Software to view this site.

Disclaimer:
Statements made on these pages are presented to help inform the public about the issues of deferred adjudication.

Any legal information on this page is not intended to be used without the interpretation or the guidance of a qualified lawyer. Legal information on this page is not provided to you by a lawyer. If you need legal advice then go pay for it, we do not want your money! We do want you to spread the word about the issue of deferred adjudication in Texas.

Sponsored by: Valente G.
All speech on this page is protected by the First Amendment to the US constitution. We make no warranty of serviceability. We are not lawyers and are not licensed to give legal advice. Statements made on this page are opinions from concerned citizens.

Web master E-mail: Valente G.

Is Deferred Adjudication legal?

Can the state of Texas make a contract and not honor it? That is exactly what the state of Texas is doing, by not allowing people to expunge their criminal records. Once time has been served, and if no other cases are pending individuals should have the opportunity to expunge their records, not just seal them. If they are not given this opportunity then rehabilitating some one has no value. It there is no hope for these people who are in the system. Then cannot return to a normal life, because the state focuses on building more prisons, instead of rewarding those individuals who succeed by clearing their records, Texas instead chooses to make money by selling the most embarrassing facts of a persons past. As a result of the dishonor of Texas making money by selling official state records to background check companies, Texas is constantly building more prison. Deferred Adjudication, and other probations leave a permanent mark on the criminal histories of individuals.

Read some of these opinions on what Deferred Adjudication really is really meant to be.

FCRA (Fair Credit Reporting Act)
This is acronym what is referred to as the seven years law. The law was changed back in 1998 and it now prevents people from starting over in seven years. It basically keeps people in their place and prevents them from achieving success. Click here to read more on this topic.

Texas Workforce Commission
This organization considers deferred adjudication a conviction and explains how to ask questions to perspective employees on employment applications. Click here to read the article

Also from this organization, criminal background checks for 1 dollar. Texas Workforce commission can do a criminal background check for 1 dollar. That is all it takes for TWC to ruin chances to get a good job. Click here to read more on this topic.

TIME LIMITS FOR REPORTING CRIMINAL RECORDS ON A BACKGROUND CHECK IN THE STATE OF TEXAS

Time Limites for reporting criminal records on a background check in the State of Texas (Listen to Audio)

By D Lindel
November 18, 2003

One of the biggest problems that people have with a deferred adjudication (DA) on their record is the problems that it causes in finding a job, renting a place to live, getting some types of insurance, and obtaining some state issued professional licenses. There are other issues created by a DA, but the main ones outlined above seem to affect nearly everyone.

A background check, as it has become known as, is in reality part of a greater more in depth report that can delve into other areas such as your credit standing, character, general reputation, mode of living, driving records, property ownership, civil court records, education, sex offender, and last but not least, criminal records. These types of reports are more accurately known as a “consumer report” as identified by the Fair Credit Reporting Act (FCRA)and the Texas Business & Commerce Code. Businesses that regularly engage wholly or partly in assembling this type of information, and sell it to a third party for a monetary fee are identified as a “consumer reporting agency” (CRA) and are subject to regulation under both the federal and state statutes, FCRA and Business & Commerce Code.

Prior to 1999 there was a time limit of 7 years under both statutes that said any negative information pertaining to credit history, bankruptcies, civil suits, paid tax liens, accounts place for collection, and criminal records was not reportable after 7 years from the date that the incident occurred. In 1999 The FCRA was amended as far as the reporting of criminal records as that time limit was changed to an open ended period with no time limits. However, at this time Texas and 11 other states elected to stick with the old seven year rule as covered under the Business & Commerce Code. (Business and Commerce Code Chapter 20 Subsection 20.05 "Reporting of Information Prohibited). This is very important: This 7 year limitation is only applicable if there is a CRA involved in developing the consumer report for sale to a third party. If a prospective employer does the investigation themselves, there are no time limits as to what can be reported to the prospective employer.

Now you’re most likely asking “What good does this do me?” The answer is that more and more employers are hiring a CRA to do the consumer report on prospective employees as most don’t understand the law and don’t want to face any liability if they make a mistake. Generally the tip off to the prospective employee as to whither a CRA is involved is that the authorization form for the report to be run will ask for information only for the past 7 years. Also this form will be separate from the application itself. If the report comes back with incorrect information, there is a process allowed by both the FCRA and the Business & Commerce Code that allows the “consumer” (job applicant) to dispute the incorrect information and the CRA must reinvestigate and correct the report or the CRA is subject to monetary penalties.

The bottom line is that if you apply for a job, housing, insurance, etc., and the consumer report is being developed by a CRA, and your offense is over 7 years old, there should, by law, be no problem for the applicant.

Click here to post your comments to this story on our discussion board

Check out Marty's Opinion one more time.

by Valente G.
September 17, 2003

The Letter by Marty of www.wipetheslateclean.com offers a very detailed reason why the issue of deferred adjudication should be visited by legislators.
Click here to read

August 6, 2003
By Valente G.

Is deferred adjudication a contract? Are Texas employment agencies wrong, and can a legal case be brought up against them?

The argument is getting stronger urging everyone to pursue all avenues to get deferred adjudication cases before judges. There are some people who believe that deferred adjudication should be considered a breach of contract, here is some information that will be useful in launching a legal suit.

T.S.A. LEGAL GUIDANCE ON CRIMINAL HISTORY RECORDS CHECKS

This Legal Guidance document, prepared by the Office of Chief Counsel, provides information for decision makers involved in adjudicating background checks on individuals with unescorted access authority at our nation’s airports. The purpose of this document is to ensure uniformity in the adjudication of background checks for airport and air carrier workers. This Legal Guidance does not create any right or benefit, substantive or procedural, legally enforceable by any party other than the Transportation Security Administration.

Click here to read the TSA Document

Disclaimer:
A lawyer is not providing this information to you; we are not lawyers, if you seek to truly understand the law surrounding a deferred adjudication then please contact a real lawyer. This information reflects the authors' views of the injustice of deferred adjudication in Texas. Click here for a legal understanding of deferred adjudication law from a real lawyers.