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Texas Deffered Adjudication/ Expungement of My record Texas

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  • Texas Deffered Adjudication/ Expungement of My record Texas

    I'm new to this site, so bare with me. When I was younger,19, I was charged with burglary of a habitation here in Texas(Taylor County). The short version is I picked up a friend at another friends house he was staying at, and he decided to bring along more than just his stuff when I picked him up and then dropped him off at his moms house. He was 16 at the time, and told the cops that I was the one that took it. Needless to say, I was young and dumb, and didnt pick very good friends at the time. Now that I'm 27, completed my probation for the deffered adjudication (4 yrs. that I went through), have not any other charges against me since then, and have paid all fines and restitution, how do I go about getting this mistake off of my record so I can get a decent job?
    Is this even possible? Any help would be greatly appreciated.
    chsmh2006

  • #2
    Texas Deffered Adjudication

    I've got to say, I'm completely disappointed with this web-site. I can't even get one response to my post on here in four months time? Is there anyone on this website with a pulse?
    chsmh2006

    Comment


    • #3
      The responders on this website are all volunteers who do this on their own time. If you haven't gotten an answer, it's most likely because none of the volunteers here know the answer to your question.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

      Comment


      • #4
        Quoting Texas Code of Criminal Procedure, Art. 55.01
        --------------------------------------------------------------------------

        Right to Expunction

        (a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:

        (1) the person is tried for the offense for which the person was arrested and is:

        (A) acquitted by the trial court, except as provided by Subsection (c) of this section; or

        (B) convicted and subsequently pardoned; or

        (2) each of the following conditions exist:

        (A) an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and:

        (i) the limitations period expired before the date on which a petition for expunction was filed under Article 55.02; or

        (ii) the court finds that the indictment or information was dismissed or quashed because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void;

        (B) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 for any offense other than a Class C misdemeanor; and

        (C) the person has not been convicted of a felony in the five years preceding the date of the arrest.

        (b) Except as provided by Subsection (c) of this section, a district court may expunge all records and files relating to the arrest of a person who has been arrested for commission of a felony or misdemeanor under the procedure established under Article 55.02 of this code if the person is:

        (1) tried for the offense for which the person was arrested;

        (2) convicted of the offense; and

        (3) acquitted by the court of criminal appeals.

        (c) A court may not order the expunction of records and files relating to an arrest for an offense for which a person is subsequently acquitted, whether by the trial court or the court of criminal appeals, if the offense for which the person was acquitted arose out of a criminal episode, as defined by Section 3.01, Penal Code, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode.

        (d) A person is entitled to have any information that identifies the person, including the person's name, address, date of birth, driver's license number, and social security number, contained in records and files relating to the arrest of another person expunged if:

        (1) the information identifying the person asserting the entitlement to expunction was falsely given by the person arrested as the arrested person's identifying information without the consent of the person asserting the entitlement; and

        (2) the only reason for the information identifying the person asserting the entitlement being contained in the arrest records and files of the person arrested is that the information was falsely given by the person arrested as the arrested person's identifying information.

        __________________________________________________ _______________

        In addition, five years after the discharge and dismissal of enumerated misdemeanor offenses and ten years after the discharge and dismissal of felony offenses for which the person was placed on deferred adjudication and successfully completed the required community supervision, a person may petition a court for an order of nondisclosure [Tex. Gov't. Code 411.081(d)(1)(2) ]. An order of non-disclosure should prevent an employer from discovering the conviction record, as state agencies would be ordered not to disclose it.

        You might want to talk to an attorney.
        Betty3
        Senior Member
        Last edited by Betty3; 03-02-2009, 01:24 PM.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment

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