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A.S.B., Esq.
A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience:  I am an Assistant District Attorney, and former criminal defense attorney.
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I was just made aware of a conviction that took place in Collin

Customer Question

I was just made aware of a conviction that took place in Collin County via plea in absentia on a misd. B theft. At the time I was notified of a warrant, I sent several request to the courts to bring me to court. I was incarcerated at the time in TDCJ for a probation violation in 2005, resulting in a 5 year sentence. From Feb 2006, until June 16th I was only offered a plea agreement with time served from my court appointed attorney. I ultimately signed a plea agreement so they would release the detainer on me, and not have TDCJ continue to hold me, which would have made me ineligible for the parole I was granted (7-1-06).
Now that I changed jobs, and the criminal record (7 year) is searched, it shows conviction of theft,, and I was sent home without pay.

What motion do need to file to get this corrected and removed, a trial, etc. on this? The Judge of the court said the other day that he and a defense attorney declare it to be a void judgement. How do I file a motion to have the clerks office remove it? What needs to take place?

Thanks,

Collin County
Submitted: 4 years ago.
Category: Criminal Law
Expert:  JPEsq. replied 4 years ago.
Did you sign a plea agreement for time served to the Theft charge? Did it include the Plea in Absentia?
Customer: replied 4 years ago.
I did sign a plea of guilt in absentia 27.14 letter that my court appt attorney finally sent me.
I have also been made aware that this only applies to misd. c's, or misd. that do not have a jail term associated with it.
Also, TX states that when a jail sentence is announced, they would need my presence for my thumbprint, or have that doocument created at the facility that I was being held (TDCJ).
This was after multiple (4) filed request to the court to bench warrant me with no response.
I assumed it was dismissed since there was only an affidavit of a woman I have never met saying a white guy stole 19 bottles of biosilk from Eco Salon.
Expert:  A.S.B., Esq. replied 4 years ago.

First and foremost, thank you for choosing justanswer.com. I am a licensed criminal defense attorney and member of the American Bar Association.

 

What you need is an expungement of your record.

 

How to obtain an expungement is a common question and one in which I have handled in my private practice many times over. It is always helpful to have an attorney, but an Motion for Expungement of Criminal Record can be done pro se (without an Attorney). Follow the steps below should you decide to proceed absent an attorney's guidance:

 

(1) First, note the expungement motion will need to be filed in the county court, at the clerk of courts office, in which your conviction resulted.

 

(2) Entitle the motion in bold and underline as I have done in the paragraph above.

 

(3) Include your name and the previous docket number (if you can remember it).

 

(4) In numbered paragraphs list the following information: (1) Your name and current address. (2) The crime(s) you were charged with in the previous offense. (3) The date of conviction. (4) The sentence handed down by the court; include the amount of restitution and any probationary time you served. (5) State the reason you are looking for an expungement and state the amount of years which have gone by without any contact with the criminal justice system. (6) State "Wherefore, the Defendant prays this Honorable Court grant Defendant's request for expungement of his/her criminal record."

 

(5) As stated above, this motion will need to be filed in the jurisdiction in which your conviction arose. The original will go to the clerk of courts. You should have a copy for yourself and the District Attorney's Office as well.

 

And that is it. The motion will then go in front of a judge who will determine whether or not an expungement is appropriate. The considerable amount of time that has gone by since your contact with the criminal justice system will certainly work in your favor.

 

I hope this helps! Please, click "Accept" if you have found my answer helpful so I may be given credit for my response. Do not hesitate to contact me via justanswer.com with any further questions or concerns. Thank you and good luck!!!

 

A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience: I am an Assistant District Attorney, and former criminal defense attorney.
A.S.B., Esq. and 2 other Criminal Law Specialists are ready to help you
Expert:  JPEsq. replied 4 years ago.

OK...

 

Pleas in absentia are widely used in TX. But you are correct, there is no explicit provision in the that allows it... In fact 27.14 specifically carves out absentia pleas for crimes that do not carry possible jail sentences.

 

See the law here: http://law.onecle.com/texas/criminal-procedure/27.14.00.html

 

In any event, they are used all the time in TX for A and B level misdemeanors... I don't see why you would have expected it to be dismissed. If you sign a plea, they have no reason to dismiss the case (you have already agreed you were guilty).

 

I suppose you could have challenged the conviction though a post conviction relief mechanism or through an appeal. But the time for all of that has passed. It is too late, but it does give you reasonable grounds to ask for a pardon and then expungement.

 

 

You do not meet the grounds for an expungement in Texas (it is called expunction in TX)...

 

See the Statute here: http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.55.htm#55.01

 

You would need to seek a pardon first. You can fine fillable forms and applications for a pardon or clemency here: http://www.tdcj.state.tx.us/bpp/forms/forms.html

 

Every thing you need is in that link.

I



Edited by JPEsq. on 8/25/2010 at 1:39 AM EST

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