Commonly used definitions as related to background checks
Court Definitions

What does "Deferred Adjudication" mean?
Adjudication is an agreement between the defendant and the courts to clear the charge from the docket. For this to occur, the defendant has agreed to complete some sort of arrangement, such as a fine, community service, etc. If the defendant fails to hold up their end of the agreement, then he or she will be convicted of the charge and sentenced accordingly. Deferred Adjudication is generally not considered a criminal conviction and should not be used to exclude an applicant from employment.

What does "Disposition" mean?
A disposition is the final outcome of a criminal case. A disposition may result in a conviction, a dismissal or a finding of deferred adjudication or not guilty.

What does Nolle Prossequi mean?
Nolle Prossed is from the Latin term "Nolle Prosqui" meaning "We shall no longer prosecute." A charge that is not prosecuted may be an admission by the prosecution that there is a lack of evidence to pursue the case. It's also used highly in plea bargains. It's different than a "dismissal" simply because it is the prosecution who elects not to prosecute a criminal case.

Negligent Hiring

How much can a Negligent Hiring lawsuit cost my company?
Negligent Hiring lawsuits can cost your company anywhere from several thousand to several million dollors. Courts may award actual and in some cases, punitive damages based upon the seriousness of an incident - including bodily injury or death. Review our negligent hiring information here.

Is my company liable for anything that an employee does?
Not Necessarily! For example, if a proper criminal background check shows that an employee has never been convicted of an act of violence, then it is not "foreseeable" that he would commit violence at work. If, however, the employee has been convicted of Domestic Violence or Assault and commits a violent act at work, the employer may be liable for the "foreseeable" act of his employee.

What is Negligent Hiring?
Employers have a duty to prevent crime and protect the public from the "foreseeable" acts of an employee and may be liable for facts that "should have been known" about an employee's character or job-related experience.

What type of information does my company need to verify?
Employers should verify any information solicited on a job application to determine an applicant's suitability for employment. In other words, if a company inquires about previous criminal convictions, educational achievement or a specific type of job-related experience, the company has an obligation to verify that the information provided by the applicant is true.

Negligent Hiring - Don't get caught up in a situation; make a proactive choice. Contact us today to avoid a situation tomorrow.