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

Asked over 1 year ago - 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)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . 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.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Bart Charles Craytor

    Contributor Level 17

    4

    Lawyers agree

    1

    Answered . 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

    Answers provided on Avvo does not form an attorney-client relationship or indicate that the attorney represents or... more
  3. Tab Eugene Lawhorn

    Pro

    Contributor Level 9

    3

    Lawyers agree

    1

    Answered . 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.

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed.... more
  4. Carmine John Giardino

    Contributor Level 14

    3

    Lawyers agree

    1

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

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,628 answers this week

3,079 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,628 answers this week

3,079 attorneys answering