Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

I was just made aware of a conviction that took place in Collin

County via plea in absentia...
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
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 26 minutes by:
8/24/2010
JPEsq.
JPEsq., Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 5,106
Experience: Experience as Criminal Defense Attorney and criminal law professor
Verified
Did you sign a plea agreement for time served to the Theft charge? Did it include the Plea in Absentia?
Ask Your Own Criminal Law Question
Customer reply replied 7 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.
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.
Verified

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.
A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience: I am an Assistant District Attorney, and former criminal defense attorney.
Verified
A.S.B., Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now

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
Ask Your Own Criminal Law Question
Ask A.S.B., Esq. Your Own Question
A.S.B., Esq.
A.S.B., Esq.
A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
148 Satisfied Customers
Experience: I am an Assistant District Attorney, and former criminal defense attorney.

A.S.B., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I have a dismissed petty theft misdemeanor from over 7 years
I have a dismissed petty theft misdemeanor from over 7 years ago, will this keep me from getting a licenses from FINRA? … read more
QuickEasyLegalHelp
QuickEasyLegalHelp
79 satisfied customers
Can someone release my criminal records to my employer?
Can someone release my criminal records to my employer? Also, can I sue my ex-girlfirend if she cause me a problem at my job by releasing my old record?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,810 satisfied customers
My Husband has a criminal record of unlawful use of a weapon
My Husband has a criminal record of unlawful use of a weapon and possession. He did three years and was released August 2004. He served his probation and paid all fines. He has had no further criminal… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
How can I get my misdemeanor expunged without going through
How can I get my misdemeanor expunged without going through a lawyer? Can I file it myself? Also how long is the process?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Sure - my bf lost his criminal trial on Wed and was
Sure - my bf lost his criminal trial on Wed and was convicted of two felony charges. At the end, the judge remanded him to custody for knowing/willful violation of his probation terms (for a civil dvr… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
How can you expunge a misdemeanor conviction in pennsylvania
how can you expunge a misdemeanor conviction in pennsylvania for a minor domestiv violence incidnet where the father in law and boy friend came to grappling with each other no one was hurt. the old ma… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,714 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
82 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,810 satisfied customers
If someone has multiple misdemeanors for theft and driving
If someone has multiple misdemeanors for theft and driving while barred. And is on probationAnd they leave the state Is there a time limit before they can return Or are they a fugitive and will. BE in… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
What is the punishment for a class misdemeanor for theft of
what is the punishment for a class b misdemeanor for theft of lost or mislaid property for first time offender … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
I have no criminal record, but recently discovered a
I have no criminal record, but recently discovered a committment order filed 13 years ago and sealed. I had attempted to buy a .22 pistol and was denied by NICS … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I am currently in the process of getting my criminal record
Hello, I am currently in the process of getting my criminal record expunged (I have a misdemeanor drug charge from 2003). I am using EasyExpunctions.com for the expungement process. Regarding the peti… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I am trying to find out if misdemeanor theft can be expunged
I am trying to find out if misdemeanor theft can be expunged in MD … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Have previous criminal record in NM with deferred sentence
Have previous criminal record in NM with deferred sentence for soliciting a prostitute in 1998. Would like to have this record sealed or "expunged " . Was told I could apply to court to have this done… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
In the criminal justice arena there are different sentencing
In the criminal justice arena there are different sentencing schemes. They are determinant, indeterminate, and mixed sentencing (a combination of the first two). I'd like to know which states use whic… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
Location PA: Topic: expunge criminal record Criminal Charges
Location PA :Topic : expunge criminal recordCriminal Charges where made back in 2014 and they where dropped in 2015.How do you get this removed from a criminal background check?… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x