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  1. #1
    ConcernedTxStep is offline Junior Member
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    Question deferred probation in the State of Texas

    Texas
    I am on deferred probation in the State of Texas for a 3rd Degree Felony for 10 years (Small Town Local Politics played a big part in the sentence, should have only been 4 to 5 years.) Never been in trouble before not even a traffic ticket; when I can I become eligible for an early release from probation. I have asked my PO and he said ASAP, he will not say in 2 years or anything. And since this is deferred will it automatically be removed from my file once the judge says I am done? When can I be around hand guns again, my husband is a Texas Peace Officer. Any help on web sites I can go to will be greatly appreciated. Thank You
  2. #2
    CavemanLawyer is offline Senior Member
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    Technically there is no minimum amount of time that you have to be on deferred probation before you are eligible for early termination. If you want to hire an attorney and have him/her file the motion you could do it today. But practically speaking you've at first got to do all of your community service and complete any other classes or requirements and pay any fines or restitution. Even if you did this asap you still can't expect to get terminated on a 10 year probation without doing at least 2 to 3 years at a bare minimum. It depends on the judge of course.

    There are some crimes for which you cannot receive early termination. This would include 3G offenses (murder, arson, anything with a deadly weapon finding, certain sexual offenses, etc.) and any offense under chapter 49 (alcohol).

    When you are terminated early (or full term) from probation all it does to your "record" is show that you successfully completed probation. It is incumbent on you to hire an attorney and file a petition for non-disclosure which effectively removes your arrest record and record of probation from private criminal history searches. Nothing short of a pardon will ever make the records invisible to law enforcement.

    As for access to guns, it depends on your offense. If it is a family violence assault then even your successful completion of probation prevents you from possessing a firearm under federal statute. If its any other offense then you very well could possess a gun right now. Unless you are prohibited from owning or possessing a firearm as a condition of your probation, there is no law forbidding you from having one, and if you terminate your probation without a conviction then you will never have any limitation on your right to own/possess a firearm.
  3. #3
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by ConcernedTxStep View Post
    Texas
    I am on deferred probation in the State of Texas for a 3rd Degree Felony for 10 years (Small Town Local Politics played a big part in the sentence, should have only been 4 to 5 years.) Never been in trouble before not even a traffic ticket; when I can I become eligible for an early release from probation. I have asked my PO and he said ASAP, he will not say in 2 years or anything. And since this is deferred will it automatically be removed from my file once the judge says I am done? When can I be around hand guns again, my husband is a Texas Peace Officer. Any help on web sites I can go to will be greatly appreciated. Thank You
    What was the conviction?
  4. #4
    ConcernedTxStep is offline Junior Member
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    Exclamation deferred probation in the State of Texas

    Texas Penal Code § 37.09. TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE.
    Just for everyone’s information my family and I hired a private attorney. I admitted what I did was wrong and willing to accept the punishment, but I feel I was given some misleading information by the ADA and my attorney on this whole deferred sentence. I took the 10 years because that is the only way the ADA would allow the deferred sentence.
    I have paid ALL fines and have done everything the court requested me to do the 1st week I was placed on probation. The only thing I am having problems with is the community service I am disabled and unable to do much of anything. 3 days a week I go to doctor ordered Cardio therapy rehabilitation (Heart Issues) and the only two days I do to Speech Therapy (Vocal Cord Damage after a major surgery.) I have a list of medical issues a mile long. My Probation Officer is helping with that, he told me not to worry about it. I have full documentation of all 4 of my doctors about my health. He is wonderful as a probation office, when I went to my status hearing he had nothing but good things to say about me. But, please understand that my whole family is in law enforcement and/or in local small county politics. In the pass I was even a Texas Peace Officer, so when I say my record was clean. I mean nothing.
    I have been told that I have to wait 2 years to petition the court for early release, and then I was notified that after the court approves the petition I have to wait another 5 years to petition the court to have everything removed from Texas Department of Public Safety (NCIC and TCIC.) Just wondering if this is true, my attorney told me after I am released from probation, that while filling out paperwork and it ask if I ever been convicted of a Felony I can legally say no. So is that wrong ASLO!
    As for the gun since my husband is a Texas Peace Officer, he keeps them in an area that he can only access and that has been approved by the judge and the probation officer.
    My whole thing is I never want to own another hand gun, which is no big deal. But, my family and I love to go deer hunting, so does this mean I cannot even go deer hunting with my family. Normally in the past I don’t shot and let my daughter and husband hurt just like to go watch the deer in the morning and evening.
    I just feel like I have been lied to all the way around.
  5. #5
    CavemanLawyer is offline Senior Member
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    "I have been told that I have to wait 2 years to petition the court for early release.
    That is correct. I misspoke earlier because I was thinking of the law prior to an amendment. Early termination of probation is governed by code of criminal procedure article 42.12 section 20 and you are required to complete either 1/3rd of your sentence or 2 years, whichever is less. Two years would be the minimum you'd have to serve. Practically speaking I'd typically expect you to have to serve even more if its a 10 years probation term. Early release is entirely discretionary and you shouldn't be surprised if a judge thinks two out of ten is too early to cut you loose.

    [url=http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.42.htm#42.12]CODE OF CRIMINAL PROCEDURE**CHAPTER 42. JUDGMENT AND SENTENCE[/url]

    I have to wait another 5 years to petition the court to have everything removed from Texas Department of Public Safety (NCIC and TCIC.)
    This is more or less correct. For felony charges you have to wait five years after your discharge from your deferred community supervision. The procedure is called filing a petition for nondisclosure. Realize that if granted it does not remove anything from the NCIC or TCIC databases it rather orders those entities to prevent the disclosure of those records to third parties absent a court order. The information doesn't go anywhere it is just sealed. This is governed by Government Code 411.081

    [url=http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.411.htm#411.081]GOVERNMENT CODE**CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS[/url]

    my attorney told me after I am released from probation, that while filling out paperwork and it ask if I ever been convicted of a Felony I can legally say no. So is that wrong ASLO!
    No that is correct. A deferred community supervision does not result in a conviction unless there is a violation and the judge adjudicates you. If you complete your deferred probation and are discharged from probation there will always be a record of the arrest and resulting probation (can be ordered nondisclosed though) but the disposition of the criminal charges will be "dismissed," so you can honestly state that you have no conviction.

    As for the gun...
    Unless they put a restriction on gun access or ownership in your probation terms there is nothing preventing you from having a gun and that will not change based on this charge unless you are adjudicated based on a violation.

    From what you posted above I don't see anywhere that your attorney mislead you.

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