FCRA (Fair Credit Reporting Act)
This is what is referred to as the seven years law. The law was changed back in 1998 ( During the Clinton Administration) and it now it prevents people from starting over after seven years have passed. Now the FCRA is used to prevent individuals from achieving success, it is a form of cruel and unusual punishment.

The part that I have provided below is the part that pertains to us.

§ 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c] Click here to read the current full text

(a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

(1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.

(2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.

(3) Paid tax liens which, from date of payment, antedate the report by more than seven years.

(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.(1)

(5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.

Number 5 above used to read "(5) Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years".

Texas Work Force Commission is in charge of setting forth regulations for local HR dept's.

The Texas Workforce Commission point's out that Deferred Adjudication is something to consider for a perspective employer. It does not say at a deferred adjudication should be tossed out the window, that decision is the employers.

Also the “Reporting Act requires an employer to get written authorization from an applicant to do a credit or background check if an outside agency will be used – in addition, if the applicant is turned down, the employer must tell the applicant why and let them know the name and address of the service that furnished the information”

Click here for the link to the Texas Work force commission web page that tells employers to deny employment to people on DA.

• unless a law requires such a question, do not ask about arrests, since the EEOC and the courts consider that to have a disparate impact on minorities – a company can ask about convictions and pleas of guilty or no contest – if an EEOC claim is filed, the employer must be prepared to show how the criminal record was relevant to the job in question
• in Texas, do not ask only about convictions – under the law of deferred adjudication, if the person given such a sentence satisfies the terms of probation, no final conviction is entered on their record, and the person can legally claim never to have been "convicted" of that offense – however, they cannot claim never to have pled guilty or no contest to the charge (such a plea is necessary in order to qualify for deferred adjudication), so ask about convictions and guilty or no contest pleas – see discussion directly above about job-relatedness of an offense

  
  

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.

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