This felony deferred adjudication case is not eligible for a Non-Disclosure until the 5th anniversary of the discharge from probation. Even though that seems like a long time for you, you need to focus on the fact that you have put yourself in a position to get this case sealed from your record. You should consider hiring an attorney to file the Petition for Non-Disclosure for you. It would be a good idea to consult with an attorney 6 months in advance of the 5th year anniversary in order...
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It appears that you successfully completed deferred probation and that your case was dismissed upon the completion of the probation period. However, the record of this case will continue to exist until you retain a private attorney to file a Non-Disclosure. A non-disclosure will seal the record and prevent most (but not all) of the public from seeing the record. Some cases are not eligible for Non-Disclosure, such as Assault - Family Violence cases. NAOG = No Adjudication of Guilt DISM =...
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Under no circumstances should you talk to the prosecutor without your attorney present. It sounds like you have an attorney, in which case he/she should be present. If you do not have an attorney, you should consider retaining one as soon as possible. There are special programs available, such as pre trial diversions and conditional dismissals, but you should let your attorney advise you.
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Dear Worried One, This is a Class B Misdemeanor. There are many possible outcomes ranging from a conditional dismissal to deferred probation, straight probation, or jail time. Straight probation or jail time are NOT recommended as they result in a guilty plea that will stay on your record forever. Your initial court appearance will be with the court coordinator to determine if you qualify for a court appointed attorney or if you must hire your own attorney. Usually, when you can...
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Unfortunately, the information you obtained is correct. Once you entered into a payment plan, you entered into a plea agreement and that is why a lawyer cannot work your tickets now (basically, you have already worked the tickets). Your options are to either pay them off or to sit them out. This may be a good time to reach out to your family and/or friends to help with making the payment; otherwise, it is just a matter of time before there is a warrant round up or random traffic stop...
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In general, a person convicted of a state jail felony (Burglary of a Building) can be confined in a state jail for 180 days and up to two years. In addition, a fine of $0 - $10,000 may be assessed. Keep in mind that prior criminal convictions may be used to enhance the degree of offense but a first time offender would more than likely be looking at some type of probation.
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Unfortunately, as previously mentioned, a felony deferred adjudication case is not eligible for a Non-Disclosure until the 5th anniversary of the discharge from probation. Even though that is quite some time for you, you need to focus on the fact that you have put yourself in a position to one day get this case sealed. Good luck!
Unfortunately, your Texas conviction in 1978 will stay on your record. Convictions (including pleas that involve time served) are not eligible for expungement or non-disclosure. Very few cases are eligible for expungement and they usually involve some type of dismissal or a not guilty finding. The other option is a non-disclosure and that is only available to some cases where the defendant receives deferred adjudication (sometimes referred to as deferred probation).
Your situation will hinge on timing — for felonies, there is a 5 year waiting period after successful completion of the deferred adjudication before you are eligible to apply for Non-Disclosure. Did your 2nd probation begin during that 5 year window? If so, it may make the 1st offense not eligible. So, if you were placed on your second felony deferred probation within that 5 year window, you may not be able to seal the 1st offense. But, if the second probation occurred outside that 5 year...
More information is required in order to provide a response. What is your question concerning Burglary of a Habitation?