my son was given deferred adjudication for resisting arrest (section 38.03 (d) ) in 2006 in Texas. In 2009 he was given an early release. Can he have this expunged from his record?
He had just turned 17 and was charged as an adult.
Criminal Defense Attorney
I'm afraid not, because being ordered to serve any thpe of probation at all, even if it's deferred adjudication probation, bars eligibility for expunction. However, he should be eligible to apply for an order of nondisclosure, which would seal his record for most purposes, unless he has other criminal history that would create a problem.