CONFINEMENT vs. PROBATION

[heygirl]

What is the name of your state (only U.S. law)? Texas

So, I have in my possession, a friend's background report. I came across it while in his house. I asked him, and he told me it was an employment screening that a potential employer did on him (which he failed, probably because of his record).

He had told me his "story" before, but now that I've seen the background report, I want to know if what he told me matches up with what is in the report.

See, he told me he served about four years probation. But his background check states the following under DISPOSITION:

GUILTY PLEA, CONVICTION, 8 YEARS CONFINEMENT, FILE DATE....etc...

So, my question is: Is he telling the truth about having served probation, or does the above mean that he was in jail or prison for 8 years???

I'm sorry. I don't understand the legal process or a lot of the terms. I'm just trying to make up my mind about this friend. I want to know if he's telling me the truth or not.

I guess, the proper question would be: With a disposition like that, is it possible that he served probation... Or does that DEFINITELY mean he was imprissoned for 8 years?

Thanks!

 

[StevenJ_420Law]

Confinement and probation are two different things.

Reading that I would think he went to prison for 8 years. Probation would not be an issue because people in prison arent on probation.

I dont think what you have posted is conclusive evidence of anything though. I would go to the court house and pull his case file and take a look and see for myself. There is very specific paperwork prepared when someone is sent to prison and his file will be very clear and there will be no wiggle room from the answer you get from the file.

 

[CavemanLawyer]

There is no way to know from that. Private background checks are not always complete. For example, if he received straight probation (not deferred adjudication) then his official record with DPS (reportable on an NCIC) would show 8 years confinement probated for so many years. One of these private back ground companies might simply report that as 8 years confinement. Without access to his official NCIC or TCIC the only way to be sure would be to contact the Clerk's Office for the county of the charge and have them look at his judgment(s).