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My daughter received deferred adjudication for a Public

My daughter received deferred...

My daughter received deferred adjudication for a Public Intoxication charge in 2017. I am wondering how to get it expunged from her record.

Lawyer's Assistant: What was the conviction for exactly? Have all appeals been exhausted?

It was deferred. Public Intoxication.

Lawyer's Assistant: In what state did the public intoxication occur?

Texas Smith County

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I can't think of anything

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Answered in 3 minutes by:
3/26/2018
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 125,787
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Was she an adult when that happened?

Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 125,787
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Law Educator, Esq. and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 3 months ago
she was.
Customer reply replied 3 months ago
How do I get her record expunged?
Customer reply replied 3 months ago
Attached is the citation from the City of Tyler and the Deferred Adjudication paperwork.
WiseOwl58
Category: Criminal Law
Satisfied Customers: 5,296
Verified
Phone call session started

Thank you for your reply. Sorry for the delay I was traveling home from my office.

Under Texas law, for a misdemeanor she can file a motion for expunction immediately. The fee for expunction is about $300 and here is the petition she needs to fill out and file. http://www.tcdla.com/Images/TCDLA/StateForms/DWIMotions/PETITION_FOR_EXPUNCTION_OF_CRIM._REC.rtf

It takes about 3-4 months after filing to get the expunction granted.

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Customer reply replied 3 months ago
Wow- great! Does this mean that for $300 you will file the paperwork? All we need to do on our end is execute the document and upload here?
Customer reply replied 3 months ago
Also, when she was arrested, she gave them the name, "Grace ***** *****", with my home address. But the deferred adjudication paperwork gives her correct name of Grace Caroline Coffee. I know they have separate databases there, so I'm wondering under which name the record would be expunged.

Thank you for your reply.

It will go in the computer under both names.

I must apologize to you, but if you read the site terms you agreed upon when posting your question it clearly explains the experts on this site are forbidden in engaging in representation of anyone from this site by state laws.

So, she can file her own paperwork for the approximately $300 filing fee or she can get a local attorney for about $700 or so to file the paperwork for her.

Again, I do apologize for any misunderstanding regarding the attorneys on this site being able to engage in representation.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months ago
Who reads all that stuff?! No problem, and I will leave you 5 stars. Thank you for your assistance!

Thank you for your reply.

I know, even attorneys many times do not read all of that stuff. I do apologize though but state law does forbid us from representing anyone from the site.

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Customer reply replied 3 months ago
It's okay! One last question... On page VI, which one do I choose? 4 & 5?

Under Section VI,

(b) Petitioner has been released and the charge has not resulted in a final conviction, is no longer pending and there was no court ordered community supervision under Article 42.12 of the Texas Code of Criminal Procedure;

AND

(c) The Petitioner has not been convicted of a felony in the five years preceding the date of his arrest.

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Customer reply replied 3 months ago
Thank you!!!

You are welcome.

You need to make sure you say it was a deferred adjudication and no final conviction was entered.

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