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Andrea, Esq.
Andrea, Esq., Attorney
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Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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My son accepted a misdemeanor - Level A deferred adjudication

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My son accepted a misdemeanor - Level A deferred adjudication judgement on May 25, 2010 in Travis Couty, Texas. On May 27,2011 he received his dismissal and discharge. Our attorney originally told us that we could file a Petition for Expunction of Criminal Records in two (2) years from May 27, 2011. Now he is telling us that my son has to wait for three (3) years from the May 27, 2011 date. My wife and I were expecting our laywer to file the expunction petition this year on May 27, 2013 and not 2014. We are desperate so what is the right waiting period? Thanks, Rick

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Q. When you say that on May 27, 2011 your son received his dismissal and discharge, you mean that he completed all the requirements which the Court placed on him for deferred adjudication and completed his probation, correct ?

Thank you, and I look forward to your reply,

 

Customer: replied 3 years ago.


Yes

Customer: replied 3 years ago.

Yes

Hi, Rick, I researched your question under Texas law and found that your son's case falls under Texas Gov't. Code 411.081(d)(1)(2) which states that your son is eligible to Petition the Court for an Order of Nondisclosure two (2) years after his dismissal and discharge

 

This is better than an Expungement because the Order for Nondisclosure prohibits any governmental agency from disclosing anything relating to his arrest and deferred adjudication to any third person. So if your son applied for employment, governmental agencies could not report anything. I am reprinting below, the relevant section of Texas Gov't. Code 411.081(d)(1)(2), for your reference,

 

 

"

(d) Notwithstanding any other provision of this subchapter, if a person is placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal Procedure, subsequently receives a discharge and dismissal under Section 5(c), Article 42.12, and satisfies the requirements of Subsection (e), the person may petition the court that placed the defendant on deferred adjudication for an order of nondisclosure under this subsection. Except as provided by Subsection (e), a person may petition the court under this subsection regardless of whether the person has been previously placed on deferred adjudication community supervision for another offense. After notice to the state and a hearing on whether the person is entitled to file the petition and issuance of the order is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the deferred adjudication. A criminal justice agency may disclose criminal history record information that is the subject of the order only to other criminal justice agencies, for criminal justice or regulatory licensing purposes, an agency or entity listed in Subsection (i), or the person who is the subject of the order. A person may petition the court that placed the person on deferred adjudication for an order of nondisclosure on payment of a $28 fee to the clerk of the court in addition to any other fee that generally applies to the filing of a civil petition. The payment may be made only on or after:

(1) the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a misdemeanor other than a misdemeanor described by Subdivision (2);

 

 

(2) the second anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a misdemeanor under Chapter 20, 21, 22, 25, 42, or 46, Penal Code; or

 

 

(3) the fifth anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a felony.

 

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Andrea, Esq. and 5 other Legal Specialists are ready to help you

Hi, Rick, I noticed that you have had the opportunity to review my Answer. I neglected to give you a date. According to the applicable Texas Statute which I cited in my previous Answer, your son was eligible to file a Petition for an Order of Non-Disclosure "...on the second anniversary of your son's dismissal and discharge.........." which was, as of May 27, 2013. Therefore, you should speak to your lawyer and cite the above Texas Statute as the basis of your request. Please be kind enough to rate my service to you as "Excellent Service" so that I can receive credit for researching your question and furnishing you with Answers, otherwise I do not receive credit or payment for assisting you and any deposit you placed remains with JustAnswer. Thank you for understanding,

 

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Please be kind enough to rate "Excellent Service" so that I receive credit

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ANDREA

 

 

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