Expungement of a felony

Asked over 5 years ago - Dallas, TX

Hello,
I am a 23 year old now mother of 2 and a wife, when I was 19 I was charged with a felony trying to cash a check that was not mine I ended up with deferred adjudication and 2 years probation that was the first and last time I have ever got In any trouble, now that I have matured more I am realizing how important It is to have a squeaky clean record in order to get better jobs, I would like this expunged from my record I pay nearly 1,500 mth for daycare so money Is tight for my husband and I can I do this process myself? if so what are the steps?

Thanks

Attorney answers (4)

  1. Cynthia Russell Henley

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I assume that your case was in Texas & that Texas laws apply. If you received a deferred adjudication probation (meaning that the court deferred the adjudication of your guilt and placed you on probation or what is also known as community supervision) and you were not revoked, then you can apply to have your record sealed. You apply in the court in which you got the deferred. There is a filing fee but it is not a difficult situation. I have seen some people in Houston file pro se (meaning for themselves). The statute of limitations must have run on the case and the court will have to find that it is in the best interest of you and of the community to seal your record. Be aware that a sealed record does not prevent law enforcement from seeing the case; it only seals it as to public views. Good luck.

    Cynthia

  2. Herman Martinez

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . While in Texas you do not qualify for an expungement because of your deferred you may qualify for a motion for non disclosure. Typically, you must wait five years after you successfully completed the deferred adjudication. I have explained how to do this in the legal guides and blogged about the differences between a expungement and a motion for non disclosure. I will leave the link for the blog below.

    You should contact a criminal defense attorney in your area in order to determine if you qualify for a motion for non disclosure.

    Good luck.

  3. David G. Weilbacher, Esq.

    Contributor Level 15

    1

    Lawyer agrees

    1

    Answered . Are you sure you have a felony conviction? You mentioned that you entered a deferred adjudication program. Did you complete the program? If so, the charges may have been dismissed. Go to the court that handled your case. Go to the criminal clerk of courts office, and ask to see the docket or journal entry that resolved your case. You might not even have a felony conviction on your record. Good luck.

    Disclaimer: I am not offering legal advice, assume I do not know the law in your state and that I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer in your area immediately after reading my posting.

  4. Paul Jeffrey Wallin

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . I assume that your conviction was in California. If so, then the following advise can help you.

    There are 2 things that you can do.
    First you may be able to do a motion under 17b of the penal code to reduce your felony conviction to a misdemeanor. You should have a lawyer for this but it is not that expensive to do this.

    The second motion is a motion under PC 1203.4 of the penal code. This would be a motion that would "expunge your record" for most purposes. There is a filing fee that ranges from 60 to 120 dollars to get this done. You can attempt to do this on your own by downloading the forms or going to the court where you were convicted and picking up the forms.

    If you have more questions you can visit our website at wklaw.com or you can email me at pjw@wklaw.com.

    I hope this helps

    Paul J. Wallin
    Wallin and Klarich
    If you want a lawyer to help you t

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