Arrested for a Sex Crime in Texas? Think Before You Talk About Your Job

Whether you need to tell your employer about an arrest or charge depends on your job and your situation, and we can review those facts with you during a free initial consultation. The answer depends on where the duty comes from. Here’s how to sort that out, pull the right papers and prepare before you talk with HR. No one can predict how an employer will react.

The short answer depends on where the duty comes from

Whether you must disclose depends on the source of the duty, so identify that source first. What an employer can expect to hear about a case depends on several factors, including the job itself, the employer’s own policies and any court orders in the case.

Arrest, charge and conviction are not treated the same way everywhere. A policy may ask about one of them and say nothing about the others. The exact wording matters more than a general rule.

Don’t assume you must report, and don’t assume you don’t. Start with three questions. Does a law or licensing rule cover my job? Does my employer have a written rule? Does a court order touch my work?

Separate a legal duty from a workplace policy

A policy duty comes from your employer’s own written terms, such as a handbook, code of conduct, offer letter or employment agreement.

A policy can require reporting by a set deadline. It may ask about arrests or charges, or it may ask only about convictions. Read the exact language, because each version works differently.

HR often enforces policy duties even when no outside law requires a report. A missed deadline in your own handbook can still create a problem at work.

Texas law also limits some questions. Under Tex. Gov’t Code § 411.0755, a person whose record is subject to an order of nondisclosure is not required, in any application for employment, information or licensing, to state that they were the subject of a related criminal proceeding. That protection applies only after such an order is issued. Tex. Gov’t Code § 411.0755 provides that a person whose criminal history record information is the subject of an order of nondisclosure is not required, in any application for employment, information, or licensing, to state that the person has been the subject of any criminal proceeding related to the information that is the subject of the order.

Read your written policies before you talk to HR

Pull every written document that governs your job before you say anything to HR. Gather the employee handbook, code of conduct, any background-check or acceptable-use policy, your offer letter, your employment contract and any form you signed to confirm you read the rules.

Search those papers for words such as arrest, charge, criminal, conviction, report, notify, reportable and off-duty conduct. Each hit shows where a reporting line may sit. Note the exact sentence, the section number and the policy’s date.

Then write down the arrest or charge date and any deadline the policy sets. The timing check is often the most important step. Don’t rely on a coworker’s summary of the rules; use the signed document. If your copy is old or unclear, ask HR in writing for the current version and keep the reply.

Jobs with licensing, government or clearance duties

Start with the rules of the licensing board or agency that governs your work.

Texas law treats a prior deferred adjudication differently in some licensing settings. Under Tex. Code Crim. Proc. art. 42A.111, an offense for which the defendant received a dismissal and discharge may not be used as grounds for denying issuance of a professional or occupational license to an individual otherwise entitled to or qualified for the license, subject to subsection (d). Under that subsection, a licensing agency may consider a prior deferred adjudication in listed situations, including any offense committed under Chapter 21 or 43 of the Penal Code, an offense related to the licensed activity, a profession involving direct contact with children, or a license under Chapter 1701, Occupations Code.

Note which step triggers the rule. A reporting duty may attach to an arrest, a charge, a plea or a conviction, and the wording controls. If your job has a license or government component, confirm that first.

Bond conditions can affect your work schedule and duties

Bond conditions can limit where you go, who you contact and what you possess. Those limits can collide with a job. A computer-based, phone-heavy or travel job deserves a careful look at your bond papers.

The condition must relate to the safety of a victim or the community.

Read the bond paperwork as written. If a condition conflicts with your work, bring that conflict to counsel before you act on it, not after. For more detail on internet and phone limits, see bond conditions for internet and phone use.

If you do speak to HR, keep it factual and in writing

Keep any HR conversation to the facts the policy asks for, and keep a record of it. Ask first what policy applies and what form or process HR uses. Then answer only the questions asked.

Stick to accurate statements. Don’t guess about the case, don’t describe the allegations in detail and don’t speculate. A false or misleading statement to an employer can create a separate problem of its own.

Keep copies of anything you sign or send. Write down the date, the person you spoke with and what they asked. That record helps if a policy question comes up later.

Plan the timeline too. For a sense of how long these cases can run, read how long an online sex crime case takes in Texas.

Common questions

Talk through your workplace situation with Barbieri Law Firm

If an arrest or charge has already happened, you don’t have to sort out the workplace question alone. This is often where the questions get hard. A deadline may already be running, a bond condition may touch your duties, and HR may be waiting for an answer.

Barbieri Law Firm is based in Frisco, Texas, and serves Collin County, the Dallas-Fort Worth area and Texas. Our team can review the charge, the bond papers and your workplace documents with you, then talk through what to say and when. The initial consultation is free, confidential and without obligation to continue. Call (972) 424-1902 or send your case details through our contact page.

Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.