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I had a felony case dismissed in 1999 in Texas. Will this show up as a felony on my record?

Carrollton, TX |

My lawyer got the case dismissed on the grounds that the State did not try to locate me. I had the same address for over 10 years and filed my taxes with that same address and I also worked for the same company for 10 years while I was on a warrant.

Attorney Answers 4

Posted

It sounds like your attorney did a great job. Yes, the case will continue to show up on your record as a case that was filed and dismissed. You need to file an expunction to have it completely removed. When you are eligible to do this depends on what you were charged with and when the case was dismissed.

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Richard Timothy Jones

Richard Timothy Jones

Posted

If the case as indicted you can only get the records sealed.

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

Non-disclosures only apply to people who successfully complete deferred probation. Cases that are dismissed following an indictment can be expunged completely. In most cases, the person has to wait for the limitations period to run. I do this all the time.

Posted

It sounds to me that the warrant was a probation violation warrant and your Attorney used the Tex. Code of Crim. Procedure Article 42.12 Section 24 Due Diligence Defense. Glad he was successful in that defense. Your question is a little vague in that you ask: "Will this show up as a felony on my record." If you were in fact on probation and the warrant was a due to a probation violation, a felony could be on your record and certainly a felony ARREST would be on your record. If it was a deferred adjudication probation, a felony CONVICTION would not be on your record, but if it was regular probation a felony CONVICTION would be on your record.

HOWEVER, if the case was dismissed prior to any plea, then the only felony on your record would be the arrest on the warrant. It is difficult to tell what situation actually applies to your case, unless we can look at the court's records and filings. I know this does not answer your question, and probably creates some question(s). But unless we know for certain what was done, we can only speculate as to what your record should or should not have, and even that is no guarantee as to what is on your record.

Good Luck

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Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

I think her attorney filed and won a Speedy Trial Motion.

Bart Charles Craytor

Bart Charles Craytor

Posted

Hard to tell.... I wish they (speedy trial motions) were all that easy, simply show that the person has resided in one place and worked in one place for 10 years and the court dismiss, however, the Barker v. Wingo factors state that a prejudice is necessary. So there has to be more than just what the poster indicated. As always, I appreciate your posts.

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

I noticed she's in Dallas County. I have good luck with those here. Texas case law states that we do not HAVE to be able to articulate the prejudice. Here's the cite for future reference: “Excessive delay presumptively compromises the reliability of a trial in ways that neither party can prove or, for that matter, identify.” Dragoo, 96 SW3d at 315. “The Appellant’s failure to offer demonstrable evidence of prejudice is not fatal to his claim.”

Bart Charles Craytor

Bart Charles Craytor

Posted

Awesome! Speedy trial in the rural areas seems dead.... Thanks for the citation too!

Posted

I would only add that there is a difference in removing an arrest from your record with state and local agencies, and removing it from third party data base companies on the internet like mugshots.com or publicdata.com. Often times it is necessary to send a copy of the signed order of expunction or non-disclosure to the record department of these companies or you could still show up in a simple Google search from these companies even though you have removed the arrest from the state and local agencies. Good luck.

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Posted

It will show up until you get an expungement. After that, it will be gone like it never happened. www.giardinolawfirm.com

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