I had received deferred adjudication for aggravated kidnapping. They placed me on it for 10 yrs due to good behavior, they let me off on my fourth year. Can I get it covered up or sealed so job employers wont see and will I be able to fulfill my career in nursing?? Other lawyers said yes and no..So I need answers so I can start on this.
Deferred cases can not be expunged. With some deferred cases you can apply for a non disclosure. However. aggravated kidnpaping is listed as on the cases in which you can not apply for a non disclosure. See- Texas Government Code 411.081(e)(1)-(4) and Texas Penal Code 20.04
Robert Guest is a Kaufman County Criminal Defense Lawyer with offices is Forney, Texas and Rockwall, Texas. My use of Avvo is not intended to form an attorney-client relationship. Avvo is a limited forum and should never be used as a replacement for a consultation with a local lawyer. My answers are not legal advice. You really need a consultation with a local attorney.
Criminal Defense Attorney
Aggravated kidnapping is a felony that is not eligible for non-disclosure after completion of deferred adjudication probation. See Tex. Gov. Code 411.081
Expunctions are only available for dismissals, acquittals and pardons. Pardons are rare.
The information provided is not advice but a legal perspective and you should schedule a consultation with the lawyer of your choice.
No, you cannot get it expunged...unless you can convince the Governor to grant clemency, and the odds of that happening are extraordinarily low. And as my colleagues mentioned, you cannot get an Aggravated Kidnapping deferred sealed through non-disclosure, either.
The above is for academic purposes and is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.