Cleaning record+misdemeanor

Asked over 1 year ago - Arlington, TX

it is possible to have a misdemeanor charged expunged that was deffer ed and how much would it cost to have it done? it was in Denton county?

Attorney answers (3)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . No. You cannot expunge a deferred. You may be eligible to seal the record. Attorneys fees will vary. Just call a few in your area to find out what they charge.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. M Elizabeth Gunn

    Contributor Level 18

    2

    Lawyers agree

    Answered . You won't be able to get that expunged--having accepted deferred adjudication or any other probation means you don't qualify for an expunction. However, if your record is otherwise clean and your case ultimately got dismissed, the chances are good that you'll be able to get what's called an order of nondisclsoure, which would seal the records of the case for most purposes (they'd still exist and be available to law enforcement and specific state regulatory and licensing agencies). The filing fee should be right around $250, but legal fees can vary quite a bit on nondisclosures, so it might be worth calling several attorneys to check on that.

  3. Michael J. Crawford

    Pro

    Contributor Level 9

    Answered . Yes, if it is class C misdemeanor you are eligible for Expunction; however, class B or A you will never be able to expunge under current Texas law if you did ANY probation. Hopefully the State Legislature will change this soon ... It should allow Expunction for deferred iny opinion ... Especially on misdemeanors. There is a nondisclosure you are likely eligible for if you satisfactorily completed probation. A nondisclosure is eligible on misdemeanors generally as soon as you are released from probation (it's 5 years from release date on felonies). The government and law enforcement will still see tge deferred but public data, etc can't post on publi sites and clerk of court must seal.

    A nondisclosure allows you to answer NO when asked if you have been arrested, charged, served deferred, etc. This is a huge advantage.

    $250 is a good estimate on filing fees. You are probably looking at approximately $1000 for attorneys fees. Try to find a local lawyer working in the court you served deferred in because that attorney will understand what the judge and District Attorney expect in the petition.

    Good luck.

    No attorney-client relationship is formed based on information provided in this answer.

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