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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 that we 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 judgment or a verdict, a plea of guilty or nolo contendere, and/or a judicial finding of guilt substantiated by the evidence, which results in the payment of fines, forfeiture of collateral or bond, restitution, deferred adjudication, probation, confinement, suspended sentence, or any other penalty imposed by a court of law or agreed upon by the accused. This includes instances where a pardon or a reprieve has been granted for any reason other than proof of innocence. If you have a case that was handled by deferred adjudication, it must be listed in your application, regardless of whether you think it is still on record. On the other hand, a pre-trial diversion agreement is not considered as a conviction for the purpose of employment with TDCJ and does not need to be included on your application.

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) 437-3142 or 4138 before you turn in your application.

Page updated: 08/24/2017