Will Deferred Judgement bar me from jobs?

Q: Hello there,

I’m hoping to get this question about deferred judgement resolved. In 2009 I was arrested for 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 judgment, and told by my public defender that this charge would never show up on a background check once the 3-year deferred was done.  I found out that was not true from my probation officer.  I was also told I do not have to tell a potential employer about the felony unless they specifically ask if it resulted in probation or a deferred adjudication.  I have a degree in Computer Technology and have been unable to get a job in my field since this charge, so my questions are:

1. Legally, do I have to disclose any of this to a prospective employer?

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

3. How will this charge appear to a potential employer when a background check is done?  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).

Thank You

Stan

Will Deferred Judgement bar me from jobs?

A: Hello Stan,

In most situations when the terms of deferred judgement are met, the charges are dropped. Because 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, once the conditions of the deferment are met (typically a fine and probation,) the charges are formally dropped.  Since there is no conviction, you may legally answer “no” when the questions asked “Have you been convicted….”  This will still remain as a charge and will appear on background checks as a charge and not a conviction.   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.  If the charge is still a concern to you, you may qualify for expungement in your state.

I strongly suggest that you seek legal advice concerning this as I can only offer general information.  You can contact your local legal aid office.  You may be able to get low-cost or even free advice about deferment as it relates to your state.

I hope this helps.

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Will Deferred Judgement bar me from jobs?