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Gerald, Esq
Gerald, Esq, Lawyer
Category: Criminal Law
Satisfied Customers: 2849
Experience:  30 years of experience
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I'm in the state of Texas and I have a question about

Customer Question

Hi,
I'm in the state of Texas and I have a question about expunction and non-disclosures of criminal records. Here's my situation. In Jan 2014, I was arrested for soliciting prostitution. I went to court in March 2014 and I plead guilty and I got 3 months deferred adjudication and my charge was dismissed in June 2014.
In June 2015, I hired a lawyer requesting an expunction or order of non-disclosure since I am finishing grad school and will soon be looking for a job. In Sept 2015 I was informed by the lawyer I cant get an expunction because I pleaded guilty to DISORDERLY CONDUCT, a class C misdemeanor and I have to wait 2 years. I requested an order of non-disclosure which I was told I could do right away. However, I was told the lawyer was ill and no longer able to work on the case, so I requested a refund.
I did some research online which seems to indicate I can get an expunction now for a class c misdemeanor, but I have to wait 2 years for a non-disclosure. I need help on clarifying what I can do now. My offense is under Section 42.01 of the Texas Penal Code.
However, Texas Code of Civil Procedure Section 55.01(2) seems to me, I qualify for an expunction but I have to wait 2 years for an order of non-disclosure (Section 411.081). I have attached links to both Texas statutes. Please advise. Do I qualify for expunction? It seems so because it says only 180 waiting period or am I reading it wrong?
Expunction statute link http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.55.htm#55.01
order of non disclosure link http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.411.htm#411.081
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Kal replied 1 year ago.

Hello:

My name is ***** ***** I would be happy to try to help you in your legal question. The question here seems to be what offense you pleaded guilty to and what disposition you received. What county did this occur in?

Customer: replied 1 year ago.
Like I said, I pleaded guilty to Disorderly Conduct and I was in deferred adjutication for 3 months which I successfully completed. I'm in Tarrant County. Please refer to my original question for full details about my question. Thank You.
Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Because the offense was a Class C Misdemeanor you are eligible for the expunction after waiting the statutory time limit.

Expunction is an option for deferred adjudication only in Class C misdemeanor cases. Individuals who received community supervision for a Class C Misdemeanor are eligible to receive an expunction. (Code of Criminal Procedure 55.01(a)(2)(A))

The time limit for Class C Misdemeanor is generally two years, but if you complete the terms of the deferred adjudication before that you may apply for the expunction after after completing the deferred adjudication and 180 days.

There are exceptions to the early application for certain crimes that do not appear applicable to your description. For informational purposes they are as follows: abuse of corpse; advertising for placement of child; aiding suicide; assault; bigamy; cruelty to animals; deadly conduct; destruction of flag; discharge of firearm; disorderly conduct; disrupting meeting of procession; dog fighting; false alarm; harassment; harboring runaway child; hoax bombs; indecent exposure; interference with emergency telephone call; leaving child in a vehicle; making a firearm accessible to a child; possession, manufacture, transport, repair, or sale of switchblade knife or knuckles; public lewdness; riot; silent or abusive calls to 9-1-1 service; terrorist threat; unlawful carrying of handgun by license holder; unlawful carrying weapons; unlawful possession of firearm; unlawful restraint; unlawful transfer of certain weapons; violation of protective order preventing offense caused by bias or prejudice. If the offense was any of the listed offenses, then you must wait two years from the date you completed deferred adjudication. §55.01(a)(2).

The following link will help you draft your Petition:

https://www.texasbar.com/AM/Template.cfm?Section=Our_Legal_System1&Template=/CM/ContentDisplay.cfm&ContentID=23459

In paragraph 1 of the Petition you will cite to Code of Criminal Procedure 55.01(a)(2)(A).

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.