Understanding Legal Wording

[stuartjp]

What is the name of your state? louisiana

i was arrested on 10/16/89 and charged with possession of cocaine. i served and completed all probation and paid all fines in full. termination was 10/16/91. wording on my final petition for cause states by order of the court that my guilty plea be withdrawn, the conviction set aside and probation be terminated satisfactorily. does this mean that it is not on my record? i feel it is effecting my ability to be hired by a new company by listing it and thus being truthful. do i have to divulge the information since the final papers are worded as such?

 

[JETX]

"do i have to divulge the information since the final papers are worded as such?"
*** It depends on what the question is. For example, if they ask if you have ever been arrested or convicted, the answer is yes.
If they ask if you have a criminal record, you could answer no.

 

[Boxcarbill]

What is the name of your state? louisiana

i was arrested on 10/16/89 and charged with possession of cocaine. i served and completed all probation and paid all fines in full. termination was 10/16/91. wording on my final petition for cause states by order of the court that my guilty plea be withdrawn, the conviction set aside and probation be terminated satisfactorily. does this mean that it is not on my record? i feel it is effecting my ability to be hired by a new company by listing it and thus being truthful. do i have to divulge the information since the final papers are worded as such?

Sounds like a deferred adjudication under Texas law. The way the deferred adjudication plea bargain offer works is the accused pleads "guilty" before the Judge. The judge places the defendant on probation and if the defendant successfully completes all the terms and conditions of the probation, then the plea is withdrawn and there is no conviction. Therefore, presuming that this is the only criminal case you've had, when someone asks, "Have you ever been convicted of a felony, you can truthfully answer no."

The flip side of the deferred adjudication is that if the defendant screws up, the full range of punishment is still open to the Judge on the offense which was a deferred adjudication and the Judge usually sentences the defendant to the max allowed for the offense. So for the defendant who can successfully complete a deferred adjudication, it is a sweet deal. But for the habitual screwup, he is better off locking in a plea offer that is a final adjudication on the charge to begin with.

 

[stuartjp]

Search Records to Clear Name

i appreciate the advise i've already received. this is follow up to my last question about whether i have to divluge information. should i do some sort of search to ensure that my record does not reflect the old issue? i haven't had any other trouble since....i learned a valuable lesson as a young chap.