Hello. Please help me! Which is the better option for my chances of being hired for an engineering job?

[elqasem93]

Unfortunately, I made a mistake in the past and I was charged with possession of a controlled substance under 1 gram. The prosecution made me two offers:

1. Take a conviction for time served already (I did not have enough money to bond out so I served about 4 and a half months in jail)
2. Take a 5 year deferred adjudication (which means a 5 year probation but the kind of probation where you are able to seal your record from the public by filing for non-disclosure). The problem is I have to wait 5 years after my probation is completed to file for having my record sealed

Most people are advising that I take the probation, so that I don't have a felony conviction on my record forever. But I am not excited about being on probation for 5 years with strict conditions, and which would also turn up a felony charge (without a conviction) on a background check, unless it does make a difference in terms of my chances of being hired for an engineering job.

So my question is, would most engineering hiring managers view a deferred adjudication/probation/felony charge without conviction more favorably than a felony conviction? Or do those two have the same effect on my chances of being hired?

 

[Assistant to the RM]

Unfortunately, I made a mistake in the past and I was charged with possession of a controlled substance under 1 gram. The prosecution made me two offers:

1. Take a conviction for time served already (I did not have enough money to bond out so I served about 4 and a half months in jail)
2. Take a 5 year deferred adjudication (which means a 5 year probation but the kind of probation where you are able to seal your record from the public by filing for non-disclosure). The problem is I have to wait 5 years after my probation is completed to file for having my record sealed

Most people are advising that I take the probation, so that I don't have a felony conviction on my record forever. But I am not excited about being on probation for 5 years with strict conditions, and which would also turn up a felony charge (without a conviction) on a background check, unless it does make a difference in terms of my chances of being hired for an engineering job.

So my question is, would most engineering hiring managers view a deferred adjudication/probation/felony charge without conviction more favorably than a felony conviction? Or do those two have the same effect on my chances of being hired?

Assuming you'll be trying to get a job within the next five years, you're going to have a felony on your record during that time either way. The question is whether you want to meet the conditions of your probation for the next five years to get your record sealed? I'm not familiar with the terms of probation, maybe they limit travel out of state, etc. but I would think most terms would be no sweat for someone who is completely law-abiding after making a previous mistake?

I would assume many companies have a basic application to complete when submitting your resume, and that application probably includes the question of whether you have been convicted of a felony. Some may not consider you after that, some may still consider you assuming you have a good explanation. If you do get an interview, that would be the time to fully explain the situation and hope for an understanding manager. At my company the background check would come after the interview process and just before the offer. If I was just finding out about this for the first time during the background check, you would be done. If you had disclosed it and explained it during the interview it would be a different story. To me, the explanation would matter more than whether it was a felony or probation, but I'm sure there are some companies who are a complete no-go on felony convictions.

One other thing to consider - if you are hoping to become a PE, many states ask about felony convictions and some even ask about any non-traffic convictions (including misdemeanors) during the application process. I can tell you that Texas and California have a full background check requiring you to get fingerprinted, etc. I had a simple misdemeanor on my record from a very minor "5th degree criminal mischief" when I was 19, I had to disclose it to Texas and some other states but had no problems getting licensed. If you are just starting out then five years may have passed before you get into the PE application process, in which case the probation to have your record sealed would be well worth it. You might confirm with your lawyer that this would be completely sealed and not even a professional background check would find it. If there's any chance any company or review board in the future might still uncover it, it is in your best interest to disclose it before they find it on their own. Most state review boards for PE licensure are made up of real people who read and consider each application.