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Can "Forgery Financial Instrument" conviction and "Theft >=$1,500<$20K" Deferred-Completed be expunged in Texas?

Austin, TX |

The forgery was a felony conviction back in 2004 (2 years probation - completed successfully). The theft was deferred adjudicated in 2006 (deffered began in 2004 w/ other conviction). In Texas, will these be able to be expunged and when? What would one need to do in order to expunge? Thank you.

Attorney Answers 2

Posted

You can never expunge (erase) a criminal conviction; if you did regular probation or jail time, that conviction will remain on your record for the test of your life. If you successfully completed your deferred adjudication probation, you may be eligible to seal the record from the public. If the theft was a misdemeanor, you may be able to file a motion for non-disclosure right now. If it was also a felony, you would have to wait 5 years from the discharge from the deferred adjudication probation to seal it.

Talk to a local criminal defense attorney who handles motions for non-disclosure for more information.

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Posted

Paul is correct, as usual. Deferred cases= no expunction in Texas.

Here is my blog post on Motions for Non Disclosure.

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