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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102350
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hi I got an MIC, I live in Texas and Ive already looked a

Customer Question

Hi I got an MIC, I live in Texas and I've already looked a lot into deferred disposition, which I've read is a common thing I'm Texas. After completion, if I am accepted to the program for it, will my record still show an MIC, let alone any type of record at all. I have no priors except this MIC
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Ely replied 4 years ago.
Hello friend. My name is Ely, and welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. How old are you, please?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.
Expert:  Ely replied 4 years ago.
Thank you.

You are correct that the chances of you being placed on deferred adjudication if this is your first criminal charge are good.

If/once you get into the program and complete it, then you will have no conviction.

However, a criminal record consists of two parts:

1) indictment (the charge); and
2) conviction.

Although the conviction will not be there, the indictment will be. To have it removed, after completing the program, you will want to file a Motion for Non-Disclosure under Texas Goverment Code Section 411.081 with the same Court that dealt with the matter in the first place. You can find the step by step procedure and the motion here. Once this is done, then the WHOLE record should not be seen.

An attorney is recommended to ease the burden of filing.

Good luck.

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Customer: replied 4 years ago.
When I apply for it would I need to apply for deffered adjudification or deffered disposition? From what I read adjudification was only for class b misdemeanors.
Expert:  Ely replied 4 years ago.

Actually, the motion for non-disclosure is used for EITHER.

Deferred adjudication is for Class B misdemeanor or higher. You have formal community supervision (i.e. probation) and once this is completed, then the matter is dropped.

Deferred disposition is only for Class C charge or lower. and is not a formal reporting probation. The theory is the same – that is, if you pay a (generally smaller) fine, usually take a class, and stay out of trouble, at the end of the deferral period the matter is dropped.

This is a Class C misdemeanor, so deferred disposition applies. But the Motion for Non-Disclosure works the same way on either.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.

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