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Cowgirl Lawyer
Cowgirl Lawyer, Lawyer
Category: Criminal Law
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Experience:  Attorney for 22 years, criminal defense, from misdemeanors to murder, trials and appeals.
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is there any way to speak to the judge who convicted me of

Customer Question

is there any way to speak to the judge who convicted me of my felony so that i can get it taken off my record to get into the army?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Cowgirl Lawyer replied 7 years ago.

Texas law does not allow for an expungement of felony records. However, if the sentence for the felony was deferred adjudication community supervision (not prison), and at the end of the proceeding, the judge dismissed the case, then the following procedure may be of some help. A person may petition a court for an order of nondisclosure five years after the discharge and dismissal of felony offenses for which the person was placed on deferred adjudication and successfully completed the required community supervision. See Tex. Gov't. Code 411.081(d)(1)(2). If this procedure is available to you, it might help you when applying for civilian jobs, but not for the military.

Not all felonies will keep you from serving in the Army. The more serious the crime, the less likely they will be to accept an applicant, particularly if the crime was violent.. Crimes that will certainly keep a person from being able to serve are violent assaults, rape, and murder. Crimes of theft and drug related crimes are also a serious problem. Some crimes will be over-looked if there has been a significant period of time since the conviction and the applicant has no further felonies. The longer the time with a clean record, the better your chances of joining.

Even in cases of expungement, or even in cases of a governor's pardon, that does not completely destroy a record, and police agencies and the federal government can still find them. The military will evaluate your record, and the years that you have been free of criminal convictions, and decide based on those factors. They will have to grant you a waiver before they accept you.

The Army has a website which explains this in greater detail.

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Please be aware that my answer is not legal advice, it is merely informational and educational. Fees I receive for answering questions are paid for information, not legal advice. This forum is designed to provide only general information, to give you a basis of knowledge. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. The only way for us to be in an attorney/client relationship is if you have signed a written retainer agreement with my law firm, and I am only licensed to practice law in Illinois. You should consult with legal counsel in your area for specific information relevant to your situation.

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