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RobertJDFL
RobertJDFL, Attorney
Category: Legal
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Experience:  Experienced in multiple areas of the law.
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I served a deferred adjudication in tx-injury to a child-completed

Customer Question

I served a deferred adjudication in tx-injury to a child-completed 12 years ago. Can I petition for my record to be sealed or non disclosure?
Submitted: 1 year ago.
Category: Legal
Expert:  RobertJDFL replied 1 year ago.
Thank you for your question.
Unfortunately, no you do not. Expunction is an option for deferred adjudication only in Class C misdemeanor cases. If you were sentenced to deferred adjudication probation for a Class A or B misdemeanor or any level of felony, you are not eligible for an expunction. Other offenses still can qualify for an Order of Non-Disclosure, which seals your arrest record from access by the general public.
The following offenses are not eligible for non-disclosure: an offense requiring registration as a sex offender under Chapter 62, aggravated kidnapping, murder, capital murder, an offense involving injury to a child or elderly individual, disabled person, abandoning or endangering a child, violation of protective order or magistrate’s order, stalking, or an offense involving family violence. (Texas Code Section 411.081(e)).
Thus, your charge, despite the deferred adjudication, is ineligible. However, you can still seek clemency, in the form of a full pardon, from the Governor. There is no cost to this, and while pardons are rarely granted as a general rule, a person receiving a full pardon after a conviction is entitled to an expunction of all arrest records relating to the conviction. This is not automatic but only results from petitioning the appropriate county court. You certainly have nothing to lose by applying, especially if you can shown that in the time since, you have become a valuable contributor to society -staying out of trouble, working a steady job, being active in your community, whatever it may be.
The forms you need and more information can be found here:
http://www.tdcj.state.tx.us/bpp/exec_clem/Effects_of_a_Full_Pardon.html
If you need any additional information or clarification, please use the REPLY feature, I'm happy to assist. Thank you.