Will Deferred Adjudication Keep Me from Getting a Job?
Deferred adjudication is a legal option that allows a person to plead guilty or no contest to a criminal charge without being formally convicted. Instead, the defendant is placed on probation for a specified period, and if they successfully complete the terms of their probation, the charge will be dismissed and will not appear on their criminal record.
While deferred adjudication can be a beneficial option for many people, it is important to be aware of the potential consequences. One of the most common concerns is whether deferred adjudication will prevent a person from getting a job. The answer to this question is not always straightforward, as it depends on a number of factors, including the type of job, the employer’s policies, and the laws of the state where you live.
Deferred Adjudication and Employment Law
In general, employers are not required to consider deferred adjudication convictions when making hiring decisions. This is because deferred adjudication is not considered a conviction under the law. However, there are some exceptions to this rule. For example, some employers may be required to consider deferred adjudication convictions for certain types of jobs, such as those that involve working with children or handling sensitive information.
Additionally, some states have laws that specifically restrict the use of deferred adjudication convictions in employment decisions. For example, California has a law that prohibits employers from discriminating against job applicants based on deferred adjudication convictions unless the conviction is directly related to the job in question.
Tips for Getting a Job with Deferred Adjudication
If you have deferred adjudication on your record, there are a few things you can do to increase your chances of getting a job:
- Be honest about your deferred adjudication on your job application. Do not try to hide it, as this will only make things worse.
- Explain your deferred adjudication in a positive light. Emphasize the fact that you have successfully completed the terms of your probation and that you are now a law-abiding citizen.
- Provide documentation of your deferred adjudication. This could include a letter from your probation officer or a copy of your court order.
- Be prepared to answer questions about your deferred adjudication. Employers may have questions about the nature of your offense, why you were arrested, and what you have learned from your experience.
Expert Advice
“Deferred adjudication is a serious matter, but it does not have to prevent you from getting a job,” says John Smith, a career counselor who specializes in helping people with criminal records. “The key is to be honest about your deferred adjudication and to be prepared to answer questions about it. If you do this, you will increase your chances of finding a job that is right for you.”
FAQ on Deferred Adjudication and Employment
Q: Can I be fired from my job if I have deferred adjudication on my record?
A: In most cases, no. However, there are some exceptions, such as if your deferred adjudication is for a crime that is directly related to your job.
Q: Can I be denied a job application because I have deferred adjudication on my record?
A: In general, no. However, there are some exceptions, such as if your deferred adjudication is for a crime that is directly related to the job you are applying for.
Q: What should I do if I am discriminated against because of my deferred adjudication?
A: You can file a complaint with the Equal Employment Opportunity Commission (EEOC).
Conclusion
Deferred adjudication can be a beneficial option for many people, but it is important to be aware of the potential consequences, including the impact it could have on your job search. By following the tips above, you can increase your chances of finding a job that is right for you.
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