QUESTION

The situation

Asked on Feb 24th, 2016 on Criminal Law - Texas
More details to this question:
I have been a TX Notary for over 20 years. Back in 2009, I had neck surgery and was taking serious meds. I was arrested in 2010 for DUI in my driveway. The courts 3 years later after all was well and documentation from my doctors that I was good and off all meds since end of that year in 2009. The courts said they would drop my case if I reduce to reckless driving. They said if I did not get stopped for 3 months unsupervised they would drop the charge. So they did. I have never had even a ticket. Fast forward to now. I need to renew my notary and wondered if I can even be one any longer? Will they run a background? Do I need send justification or can I check no? I am worried about my job I work for a big company that uses there own insurance. Please help. I get contradicting stories. Thank you!!!
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1 ANSWER

You need to be more specific in order for any of us to answer your question. But, based on what you've provided, I'll take a stab at it. From the sound of it you were initially charged with DWI. Then, it sounds like they agreed to dismiss the DWI and re-file it as Reckless Driving. Then, it sounds like they agreed to a punishment of 90 deferred disposition.  If the above is true you do not have a conviction for any criminal offense.  So, the answer to your question is this: what you must disclose depends on the question asked. 1. If you are asked whether you have been arrested for any offense (Class C or higher), the answer is and must be yes. 2. If you are asked whether you have been convicted of any offense (Class C or higher), the answer is no. I cannot imagine you would have any issues getitng your notary renewal in light of these circumstances.
Answered on Feb 26th, 2016 at 11:44 AM

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