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Employment Application Falsification

Please read carefully before submitting your application with TDCJ.

Applicants for employment with TDCJ must list all criminal convictions in their TDCJ Employment Application Supplement. Contract employee applicants must list all criminal convictions in their Non-Employee Background Questionnaire. The purpose of this instruction sheet is to explain the requirement in more detail. Failure to list any conviction is considered falsification and will result in disqualification for employment or access to TDCJ facilities for one year. Failure to accurately report other important information on these forms is also considered falsification and may result in disqualification for employment or access to TDCJ facilities for one year.

The agency has no desire to disqualify any applicant for falsification of their application. As a criminal justice agency, it is very important for the TDCJ to know if an applicant has a criminal record. In most cases, a criminal record will not disqualify you for employment. However, falsification of the application will always disqualify you, regardless of how well qualified you are otherwise.

What convictions must be listed? All convictions handled in adult court must be listed, no matter when or where they occurred. In Texas, if you are 17 years old or older, the case is always handled in adult court. If you are under 17, it still may be handled in adult court. As an exception, you are not required to list convictions for routine traffic violations. Examples of routine traffic violations are speeding, running stop signs and no seat belts. DWI, DUI, Hit and Run, Assault with a Motor Vehicle, Reckless Driving, Open Container and Driving While License is Suspended are examples of crimes which are not routine traffic violations and must be listed. Convictions which have been expunged under state or federal law do not have to be listed. Expunged is where a judge signs an order directing that all agencies with a record of the arrest and conviction destroy those records (this is not the same as a deferred adjudication, explained below).

What is a conviction? For TDCJ purposes, a conviction is (a) a finding of guilt by judge or jury and the assessment of punishment, whether confinement or fines; (b) community supervision (probation), including deferred adjudication; (c) a juvenile adjudication of delinquent conduct that includes an offense under Texas Government Code ยง 508.149 on the date of application; and (d) an equivalent disposition of an offense under the laws of another state, federal law, or Uniform Code of Military Justice. The term does not include a pretrial diversion, which is an agreement between the defendant and prosecutor and occurs before a judicial finding, although a judge may approve of the defendant participating in the program. Pardons or reprieves do not eliminate a conviction. If you have a case handled by deferred adjudication, it shall be listed in your application, regardless of whether you think it is still on record.

Military Convictions: Convictions by court martial for criminal offenses must also be listed.

Failure to Appear: If you were convicted of a routine traffic violation or other offense and did not pay the ticket on time or failed to appear to court, you may have been charged and convicted of Failure to Appear. Failure to Appear is a separate crime and must be listed.

Questions: If you have any questions concerning what must be listed on the application, recommend that you contact Human Resources Headquarters in Huntsville at (936) 437-3126 before you turn in your application.

Page updated: 08/24/2018