I got caught shoplifting about two years ago.

Asked over 1 year ago - Conroe, TX

I got a lawyer assigned to me and he told me to plea guilty and get probation. Now I know that might not have been the best choice. Is there anything I can do?

Additional information

To help my criminal record. They told me it was going to be deferred after I was done with probation but I don't know if that helps much. My probation has been done. Do I have to go back for the deferred adjudication or will it go in automatically

Attorney answers (3)

  1. Donald Norman Payne

    Contributor Level 8

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    Answered . What you wrote leads me to believe you might have accepted a plea bargain - your guilty plea in exchange for a deferred adjudication of the charge against you. With deferred adjudication, the prosecutor recommends that, in exchange for your plea, the court should defer or put off finding you guilty, even though it has enough evidence to find guilt, and that you instead be put on probation for a period of time. If you successfully complete the period of probation, the prosecutor will then file a motion with the court to dismiss the case and the charge against you. If you successfully complete the probation the result is that, even though there will be a record of you having been charged with an offense and receiving deferred adjudication for it, there will be no conviction for the offense. What you wrote indicates that you pleaded guilty and that your probation has been completed. If this is the case, you will not be able to do anything about the plea. However, if you successfully completed your probation, it is likely the prosecutor filed a motion to dismiss your case. It would be a good idea to check with a defense attorney, as Ms. Jaggers suggested, to determine whether the case was dismissed or if anything else needs to be done. As she wrote, you can probably find someone to look into this at little or no cost to you. Good luck.

  2. Macy Michelle Jaggers

    Pro

    Contributor Level 20

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    Answered . It sounds like you've already pled? If so, it would be difficult to undo. Technically if you're on deferred, you can re-plea it. But the DA has to agree and the judge has to sign off on it. Consult a couple of defense attorneys in your area. I think you'll find people to review it for free. A local attorney will know the likelihood of pulling this off in your court.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  3. Kiele Linroth Pace

    Pro

    Contributor Level 6

    Answered . If you did successfully complete deferred adjudication probation, then you may be eligible for non-disclosure, which acts as a limited seal on your criminal history so that the case won't show up for ordinary civil background checks. This FAQ on my website provides a more complete explanation of non-disclosure: http://www.pacefirm.com/faq/expunction.html

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