Question:

Can I pass a Background check if I have felony charge but no conviction?

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I got a job offer at sam's club but im waiting on a background check, I checked no conviction but I know that my charge will show, but I just answered the question honestly. Deffered adjudication is not a conviction, should i worry?

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  1. You are correct, deferred adjudication is not a conviction, however, there are some companies that don't understand what that means.  As a background screening professional, we are allowed to disclose a case that is currently set for deferred adjudication until such time as the case has been dismissed.  The laws in some states strictly prohibit the use of a deferred adjudication against an applicant by the employer, however, some the majority follow the Federal Fair Credit Reporting Act.  In terms of being worried, I would guess that Sam's Club will discover the case, and you might have to explain what deferred adjudication means if you are not selected for employment.


  2. You was charge? But not convicted, don't worry about it

  3. Worrying about anything never changes the outcome. What's going to happen is still going to happen whether you worry about it or not. Move on.  

  4. Nobody but the employer can tell you definitely if you got the job.  Honesty is always the best policy as many employers I run background checks for will take into account circumstances and may be willing to overlook some things if they don't necessarily pertain to the job.  On the other hand, they normally hate surprises and will not consider a qualified candidate if the person tried to get around the check or fool them in any way.

    You did answer the question honestly, but you know that the charge will come back in your check, so maybe giving them a heads up would be your best bet.  Scary, I know, but true.

  5. Anything but a "not guilty" is considered a "conviction" by employers etc. If the charges were dropped that's the same as a "not guilty" but a deferred adjudication just means they decided not to punish you this time.  

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