texas expungment laws

[becka]

if you plead out on a class a misdemeaner for one year deferred adjudication, can you you have your record expunged 2 years after you have completed the probation? there was 2 charges one was dropped the other was pled out on without knowing the person could get a court appointed attorney. this person is in the medical field and the arrest really hurts them in becoming gainfully employed.
we are in texas, any advice would be greatly appreciated........

 

[lawrat]

I am a law school graduate currently awaiting Bar results. What I offer is mere information, not to be construed as forming an attorney-client privilege.


1. If the person charged was arrested, and wad not informed of his rights to a court appointed attorney (i.e. not given Miranda warning), then that is an issue that needs to be appealed. (the taint of this illegality may be gone if he was given sufficient warning or notice that he has a right to a court appointed attorney later).

2. If he pled out in front of the judge, did the judge warn him of what rights he would lost (his constitutional rights)? Did he include the right to an attorney? this is another way.

3. You need to see a criminal defense atty who has experience in expungement and appeals

Attorneypages.com is a good start. Hope this helps.