expunction of a deferred adjudication Class C misd. lowered from a felony

[nafets]

What is the name of your state? TX

I originally got a DWI that was later lowered to a DUI, which I received and completed deferred adjudication for and had dismissed. Now I'm going to try and get the arrest record and the deferred adjudication expunged from my record, which I know is possible, but I have heard that I may have to wait for a statute of limitations before this is possible. Can I start the expunction process now, or do I have to wait for a statute of limitations since my case was lowered from a felony DWI to a class c misd. DUI?

 

[seniorjudge]

What is the name of your state? TX

I originally got a DWI that was later lowered to a DUI, which I received and completed deferred adjudication for and had dismissed. Now I'm going to try and get the arrest record and the deferred adjudication expunged from my record, which I know is possible, but I have heard that I may have to wait for a statute of limitations before this is possible. Can I start the expunction process now, or do I have to wait for a statute of limitations since my case was lowered from a felony DWI to a class c misd. DUI?

Expungement/pardon

There are several thousand questions on this forum similar to yours. Thus, I have prepared a standard answer.

Standard answer: Expungement is generally granted for illegal arrests or unlawful convictions. Generally, pardon mean you are forgiven for the crime but it remains on your record.

The usefulness or effectiveness of either procedure is generally worthless.

Check with the governor or attorney general of your state to see how you can go about either of these procedures. Check with the Attorney General or the President for federal expungement or pardon.

You must remember that there may be private background check companies that have past offenses on their databases; those reports will never be expunged.


https://forum.freeadvice.com/showthread.php?p=848776#post848776

http://www.uslegalforms.com/lawdigest/expungement-of-criminal-records-law.htm



Stand by...others may offer more advice.

 

[Heather2]

From everything I've read you are not eligible to have it expunged. However since you got deferred adjudication you can file for an order of non disclosure 2 years after you have completed your probation. It is easier to hire an attorney to do this but you can do it yourself.

To get more information about deferred adjudication and order of non disclosure go here http://www.deferredadjudication.org/forum/phpBB2/search.php There is something wrong with the site right now but hopefully it will be fixed soon.

 

[Heather2]

I stand corredted. Acording to this site http://www.texasfreshstart.com/nondisclosure.html you can have it expunged if it was a class C misdemeanor. I don't beliebe there is a waiting period but I would check with a lawyer to make sure. It's best to hire an attorney to do this for you but if you decide to do it yourself I can show you where to get the expungement package.

 

[Kane]

An expunction and an order of non-disclosure are two different things.

An expunction is an order from a judge to physically destroy records of an arrest.

An order of non-disclosure seals the records, so that they're not accessible, except to law-enforcement and licensing agencies.

Unfortunately, both of the them are complicated, and I can't tell from your question whether you're eligible.

As a general matter, if there was an indictment in your felony DWI - regardless of how the case was ultimately worked out - you're probably NOT eligible for an expunction.

You probably ARE eligible for an order of non-disclosure, however, depending on what other run-ins with the law you've had, if any.