Registered Sex Offender without a conviction

[texasdriver1961]

You can not prove a negative, so I don’t intend to argue my guilt or innocence, in our society once one is accused of a sex offense they’re guilty until proven innocent, not innocent until proven guilty as it should be.

I went through a very nasty divorce in 1985 and as a result of a continuing child custody and child support fight I ended up being charged in 1988 with 2 cases of Aggravated Sexual Assault of a Child.

The case went on for two years and cost thousands of dollars so in 1990 I decided that rather than put my children through the trauma of lengthy court case it would be best to accept a plea bargain for 10 years deferred adjudication probation. Both cases were dismissed in 2000, at the time there was no such thing as sex offender registration, if there had been I may not have accepted the plea bargain.

My problem is I have applied for driving jobs with a lot of companies and have never received a call back. Is there a federal statute that prohibits me from being hired as a driver? There are no such laws in Texas as I received my CDL in Texas in 2008.

If it is simply due to company rules does any one know what companies might be more sympathetic to my problem.

[delta5]

You took a plea and plead guilty to what? And you accepted 10 years probation. How do they dismiss this after you pleaded out? And what is deferred probation? Did they add you to the sex offenders list after all this? Your details are very sketchy. Did the trucking company do a criminal background check?
It sounds to me like you need to have a good lawyer go over your criminal record and see whats going on.

[USA TRKR]

Something is not adding up. If it was dismissed it would not be on your record. How would they dismiss a case that was already plead out? None of this makes sense. You say dismissed in 2000. That's 10 years. Do you mean you did your time? I'm confused. The case can not be dismissed if you plead out unless you appealed it somehow later on.

[texasdriver1961]

In Texas if you were serving probation, parole or incarcerated for a sex crime as of 1995 or later you must register as a sex offender regardless of guilt. If there are two or more cases you will register for life, less than 2 cases you register for ten years after completing the term of your sentence.

My case was dismissed after I successively completed 10 years of probation. During my probation I never failed a drug test and completed all other terms of probation such as 2 polygraph tests per year and submitted my DNA to the national DNA database to be compared to unsolved criminal cases.

Yes the companies I applied obtained a report from USIS Commercial Services, Inc... USIS is the company most trucking companies use to gather your credit report and driving record.

I have spent well over $100,000 during the last 20 years on attorneys and other fees related to this case and my divorce.

There’s really nothing else an attorney can do as far as my case is concerned unless I want to try to have the current registration laws unconstitutional, which will cost several millions and if I had that kind of money I wouldn’t be trying to get a truck driving job. Some time in the future that will happen but it will be a case brought by the ACLU or another group such as that.

My case was handled by the same district attorney that sent at least 12 men to prison only to have them later released when they were cleared by DNA evidence.

Deferred adjudication is a form of judge-ordered community supervision commonly known as “probation” that permits the defendant to plead Nolo-Contendere or guilty to a crime without automatically suffering all of the consequences of a formal finding of guilt and sentence. The judge literally defers a decision on the defendant’s guilt, places the defendant on a period of supervision, and imposes certain contractual conditions designed to rehabilitate or punish the defendant and protect the victim and the public. If probation is completed that case can be dismissed.

[ranger309]

Originally Posted by USA TRKR

Something is not adding up. If it was dismissed it would not be on your record. How would they dismiss a case that was already plead out? None of this makes sense. You say dismissed in 2000. That's 10 years. Do you mean you did your time? I'm confused. The case can not be dismissed if you plead out unless you appealed it somehow later on.

He must be showing up on background checks as a sex offender. Its no secret that most companies, trucking or not, won't hire felons who have a violent history, and that would be my best guess as to what is going on here.

BTW, I am not making any issues here about what happened or didnt happen, but using Occams' Razor, this is likely to be the reason why he cannot get hired on with a company.

My.02 cents.

[texasdriver1961]

Yes my registration did show up on the report. I think the main reason people would not hire me is the liability they are opening theirselves up if I did do something while working for them.