I live in Dallas, TX and as part of the application process, I gave written permission for an employer to do a criminal background check. I was rejected on the basis that I was charged with misdemeanor theft $50-$500 in July of this year in Dallas County; can the employer do this legally without a conviction as the case is still pending? I have a court-appointed attorney so he's not really available for these types of questions.

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Originally Posted by jj91ag

I live in Dallas, TX and as part of the application process, I gave written permission for an employer to do a criminal background check. I was rejected on the basis that I was charged with misdemeanor theft $50-$500 in July of this year in Dallas County; can the employer do this legally without a conviction as the case is still pending? I have a court-appointed attorney so he's not really available for these types of questions.

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Yes. Employers are allowed to set policies concerning hiring. Now - if they don't hire you but DO hire someone with exactly the same criminal record, then they have a problem.

Otherwise - this is why employers run background checks.