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Can I request that my record be sealed early in Texas on what would have been a felony if it was deferred adjudication?

Houston, TX |

I completed my probation early and was released and also paid the required fees, but the case was a deferred adjudication case in which i plead guilty for the crime in lieu of deferred adjudication. It would have been a felony by 100.00 dollars if convicted. I would like to get this off my record. is there any way that i can seal my arrest record early?

Attorney Answers 3


I'm not sure what you mean by early. It sounds like you successfully completed deferred on a misdemeanor? When you are eligible to seal the record depends on what you are charged with. If there is a statutory waiting period, you cannot seal the record before that period expires.

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You are eligible to file for a Motion for Non Disclosure two years from the date you were released from a misdemeanor deferred adjudication.

Law Office of David D. White, PLLC
1205 Rio Grande St.
Austin, TX 78701
(512) 369-3737

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Unfortunately, there is no way you can "seal" the records related to your arrest early in Texas. Section 411.081(d)(3) of the Government Code provides that, if you were placed on "deferred adjudication" for a felony offense, you must wait five (5) years from the date of discharge and dismissal before filing for an order of nondisclosure to "seal" your records. Best of luck! Take care.

Disclaimer: The information you obtain at Avvo is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Under no circumstances do answers by this Texas attorney to questions on Avvo result in or create an attorney-client relationship.

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