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MyraB
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Category: Criminal Law
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Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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my possession charge

Resolved Question:

Judge Date Document Type Comment Case Number
6/19/2013 Order - Discharge/Release Probation EARLY DISCHARGE F0750262
6/19/2013 Order - Miscellaneous SET ASIDE JUDGMENT F0750262
6/19/2013 Jail Dispo F0750262
5/29/2013 Motion - to Dismiss EARLY PROB TERM F0750262


*****RELATED TO FELONY CRIMINAL POSSESSION CHARGE****************
WHAT DO THE FOLLOWING MEAN?


SETA Successful completion and release from probation. Judicial Clemency granted (Non-conviction)


Set Aside Judgement - ??????????


Motion to dismiss - It is ordered adjudged and decreed Defendant is released from all dissabilities and penalties from said cause ??????????????????

Submitted: 1 year ago.
Category: Criminal Law
Expert:  MyraB replied 1 year ago.

Hello and thank you for your question.

From these docket entries it appears that there was a Motion filed on 5/29/13 for early release and discharge of probation, that was termed a Motion to Dismiss.

The entries dated 6/19/13 indicate that the motion for early discharge was granted. That portion of the judgment dealing with sentencing only was set aside and the person was ordered released and discharged from probation entirely without any further conditions.

WHAT DO THE FOLLOWING MEAN?

 

SETA Successful completion and release from probation. Judicial Clemency granted (Non-conviction)

 

This means the court record and criminal record will reflect that the court, in its discretion, ordered the sentence terminated early and that the person successfully completed and was released from probation.

 

Set Aside Judgement - ??????????

 

This indicates that the judgment regarding the sentence was set aside and the new order entered with regard to sentencing and early release from probation.

 

Please feel free to ask any follow up questions.

Customer: replied 1 year ago.

OK just one final ? Is it true then that this is a complete expungement like it never happened? Last time done in tex was 6 yrs ago so its rare I know? the judge told me there is nothing better? true or untrue?


 

Expert:  MyraB replied 1 year ago.

Yes, the judge was correct, however, there are exceptions for a person convicted of an offense punishable as a state jail felony.

Under Tex. Code Crim. Proc. art. 42.12, § 20(a) Judicial clemency is where the court discharges the person from probation and sets aside the verdict or permits the defendant to withdraw his plea, dismissing the accusation, complaint, information, or indictment against the defendant and returning all rights to the person. A person who receives judicial clemency is thereafter “released from all penalties and disabilities resulting from the offense or crime of which he has been convicted or pleaded guilty." However, the conviction or pleas would still be available to the court should the person again be convicted of any criminal offense, and for certain state professional licensing. The statute may be found here http://law.onecle.com/texas/criminal-procedure/42.12.00.html

 

The specific exception for an offense punishable as state jail felony is in sec. 20(b).

Let me know if you require any further information.

MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
MyraB and 7 other Criminal Law Specialists are ready to help you
Expert:  MyraB replied 1 year ago.

I apologize. The law includes only 3g felonies in the exclusion.

 

Here is the official statute http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.42.htm

 

The other copy of the statute is not accurate. I double-checked because it did seem strange that the result was at odds with what the judge told you. The site had been a reliable source, but the statute definitely states 3g felonies and not state jail felonies.

 

Therefore, the conviction for felony possession would fall under the statute and you are all set.

 

I am truly sorry for the confusion and I hope this clarifies the answer. Let me know if you need any further information.

 

 

 

 

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