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Matthew Wayne Shrum

Matthew Shrum’s Answers

8 total

  • My question is do i check the box on any application when they ask have I ever been convicted of a crime?

    I have complete Deferred Adjudication probation. And in need of some solid answer about the law.

    Matthew’s Answer

    The other answers here are correct. If you completed the deferred adjudication successfully, then it was dismissed and you were not convicted. I would only add that you need to be very sure that it was dismissed. If there's any uncertainty about it, then get a copy of your criminal history or a copy of the disposition from the county or district clerk where the case was pending. If it was dismissed, it may be eligible for a non-disclosure which would seal the record of the charge from the view of most employers.

    Law Office of Matthew Shrum
    505 West 15th Street
    Austin, TX 78701
    (512) 447-2323

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  • My husband has a DWI in Texas, can he get it removed?

    My husband has a DWI from 12 years ago and 2 from 20 years ago. He's been sober since then. Is there any way to get it removed from his record?

    Matthew’s Answer

    Before you can answer whether or not the record of any of those charges can be removed you need to be able to say exactly how they were disposed. In other words, was he convicted or not. He should start by getting a copy of his criminal history from Texas DPS which he can do on-line or at a DPS office. If a charge results in a conviction it is not eligible for expunction or non-disclosure. The only way to get a conviction off of your record is by a pardon.

    Law Office of Matthew Shrum
    505 West 15th Street
    Austin, TX 78701
    (512) 447-2323

    See question 
  • Is there a deferred option for a Class C Misdemeanor Assault charge?

    I received a Class C Misdemeanor Assault ticket. There is good evidence against me so I do not think pleading not guilty is a good idea. Is there a deferred option? I need to try and keep this off of my record.

    Matthew’s Answer

    Yes there is a deferred option that could result in a dismissal. It is called deferred disposition. Typically any class C misdemeanor prosecutor will offer a deferred disposition on a class C unless there is something really bad about the charge. You have to pay a fine and court costs and likely have to satisfy some other conditions like taking a class or doing community service. You would plead not guilty, then talk to the prosecutors and ask for a deferred disposition... or have an attorney do it for you.

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  • Pled guilty, possible to get a retrial?

    Got out of the army as a hard drinker, got into a fight with a group of men labor day 2011. Charged with criminal mischief class b. I made a plea deal with the District Attorney and she offered 1 year of prob, with 40 hours community service. ...

    Matthew’s Answer

    If you already pled guilty to it, it is pretty much water under the bridge and it's on your record unless you get a pardon. The only other option that I can think of is that you convince the prosecutors and the judge to grant you a "new trial" so that you could renegotiate the plea agreement to a deferred adjudication or something else that would result in a dismissal.

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  • Can I press charges on someone who assaulted me on my porch that ended in a fist fight?

    Date of incident 5/24/12. Insulted me then thru first punch and grabbed hair. 3yr. Son next to me. I have no bruises except scratches and a bloody finger nail. This is the 3rd assault.

    Matthew’s Answer

    • Selected as best answer

    "Pressing" charges is really not what you can do. You can call the police and make a report of what you're describing. Then it's up to the cops to decide whether there is enough evidence to establish probable cause. Actually, if they think that there is, they have to present it to a judge who makes the decision about whether probable cause has been established by the sworn statements that the cops are presenting. If the judge thinks probable cause has been established then charges would be "filed" and a warrant would be issued. Once the case is in court and prosecutors are handling it , you get input about the case but that's the only pressing you can do. Ultimately, at that point, it is the State's case, and you are no longer in control of what happens with it.

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  • 3RD DWI??? PLEASE HELP?

    MY BROTHER GOT HIS 3RD DWI LAST YEAR AND HES BEEN OUT ON BOND AWAITING TRIAL. WELL THEY CAME TO PICK HIM UP THE OTHER DAY AND WHEN WE CALL TO GET INFO ON HIM THEY DONT HAVE A REASON FOR WHY THEY PICKED HIM UP. HIS COURT DATE WAS SCHEDULED IN A FEW...

    Matthew’s Answer

    It sounds like he violated a bond condition, perhaps the scram device detected alcohol, and they revoked his bond, issued a warrant, and arrested him. Since it's a felony, the judge could choose to not set a new bond until his next court setting and it could be very high. A third DWI is a third degree felony which carries a max jail punishment of 10 years in prison.

    Shrum Law Office
    505 W. 15th Street
    Austin, Texas 78701
    512-447-2323

    See question 
  • Is DUI Blood Alcohol content Public Info?

    This is not me, I am not charged but can a third party get this info? The case has not gone to trial all the newspaper said was the guy was charged with DUI with a child under 14 and well above the .08 limit.........Thanks

    Matthew’s Answer

    If it is a blood sample, it is not likely to be public as blood results take a relatively long time to get and therefore are not in the offense report or probable cause affidavit. Breath test results are commonly put in the probable cause affidavit which is easily accessible by the public and media.

    Shrum Law Office
    505 W. 15th Street
    Austin, TX 78701
    512-447-2323

    See question 
  • Can you join the army with a deferred misdemeanor

    When I was 15 got arrested for having a joint in my pocket and was giving a deferred that's what i was told so i went to a class and did 90days of probation but never saw or talked or went to jail and or got a probation officer never got arrest ag...

    Matthew’s Answer

    My experience in representing people who are trying to join the military is that this type of thing will not prevent you from joining. You should however get a copy of your criminal history, which you can order via Texas DPS, and find out exactly what your record says about the disposition of the case. If it was dismissed after a deferred adjudication probation, then you can eventually get it sealed via a non-disclosure but a 90 day "probation" sounds more like it was reduced to a class C misdemeanor, in which case it would be eligible for an expunction. Either way, your probably fine, just be honest with your recruiter about it. The charge probably won't keep you out of the military but if you lie about it, even if you think you're telling the truth, then that COULD keep you out.

    Law Office of Matthew Shrum
    505 West 15th Street
    Austin, TX 78701
    (512) 447-2323

    See question