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Deferred probation

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Heather2

Member
What is the name of your state?Texas
I am currently on deferred probation and have about a year left. I know that once I am done with probation it is suppose to go off my record but I was wondering if I have to have it expunged or if it will automatically go off my record? Thanks for information someone can give me.
 


seniorjudge

Senior Member
tyson-bird said:
Does anybody know who I can contact to find this out?
Ask your probation/parole officer.

However, if it is deferred prosecution under what I understand that term to mean, then once you are through with your time period, then the system will magically pretend that it never existed and then I don't think anyone will ever find out.

You really need to ask your probation/parole officer though.
 

Heather2

Member
seniorjudge said:
Ask your probation/parole officer.

However, if it is deferred prosecution under what I understand that term to mean, then once you are through with your time period, then the system will magically pretend that it never existed and then I don't think anyone will ever find out.

You really need to ask your probation/parole officer though.
Thanks sj. My PO is kinda magoo but I'll see if she knows. I doubt she will so I will just do a background check when I'm done with probation to see if I will have to have it expunged.
 

Happy Trails

Senior Member
Your record will still be a matter of public information. It can even appear (in some instances) as if it were a conviction.

Info. link: http://www.clearslate.com/index.asp
This site is dated 2003.
.......................

Texas was working on a bill, I didn't look up if it was passed or not. (You could possibly google the status of that bill)
http://www.deferredadjudication.org/testimonials.htm
......................

If you have successfully completed Deferred Adjudication for a misdemeanor or felony, you may be eligible for an Order of Non-Disclosure which is document that a judge signs, ordering DPS and in turn all public agencies to no longer release information about the deferred adjudication punishment you completed.

Info. found at:
http://www.texasfreshstart.com/
 

Heather2

Member
Happy Trails said:
I did research the bill and it was passed. Apparently some people still aren't happy with this though.

http://www.wipetheslateclean.com/pages/1/index.htm
Thank you so much for all the helpful sites. At least now I know that my lawyer was a liar and I'm screwed for at least five years. Prior to September 1, 2005 all FELONY Deferred Adjudicates must wait 10 years from the date the case was DISMISSED to file your Petition for Non Disclosure. Effective September 1, 2005, that wait period is reduced to 5 years.
 

ohbrother

Junior Member
To TysonBird

May I ask what you were charged with? My brother is having some problems in Texas. He was charged with a felony DUI; put on probation. He didn't comply with his probation. Several years later he was arrested for another DUI. With that arrest he was caught with the additional charge of not complying with the first DUI probation. He spent a year in state jail. Since his release he has been charged and convicted of a misd. He is trying to get his life together, but it would be easier without this record hanging around his neck.
 

Heather2

Member
ohbrother said:
May I ask what you were charged with? My brother is having some problems in Texas. He was charged with a felony DUI; put on probation. He didn't comply with his probation. Several years later he was arrested for another DUI. With that arrest he was caught with the additional charge of not complying with the first DUI probation. He spent a year in state jail. Since his release he has been charged and convicted of a misd. He is trying to get his life together, but it would be easier without this record hanging around his neck.
I was charged with prescription fraud, 3rd degree felony. Things are a lot more complicated for your brother than me. The reason I can get an order of non-disclosure is because I got deferred adjudication (deferred probation). Your brother got straight probation so he can't do that.

He might be able to get some off those things expunged. I'm not sure about felonies because I'm just learning myself about this stuff but he can probably get the misdemeanor expunged. The problem with that is that I think he has to get a pardon first.

If you want to read up on Texas pardons I found this website. I haven't had time to read it yet but it might be able to tell you more.
http://www.tdcj.state.tx.us/bpp/exec_clem/FP 10 FP Information and Checklist - A.pdf
 

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