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I have a felony on my record of possession of a controlled substance at court my appointed lawyer told me to plead guilty

Del Rio, TX |

I got two years probation is there any way I would be able to get this off my record or at least get it minimized?

Attorney Answers 1


You will not be able to get it "off" your record. However, depending on other circumstances, information about which you have not provided, you might have an opportunity to get an order of non-disclosure which, if granted, would make it so that most people and entities (except certain governmental, licensing and other official agencies) would not know the records exist and would not be entitled to information in them.

You did not write whether your probation is a regular probation (probation after conviction of the felony) or a deferred adjudicaion probation. If you got deferred adjudication and you successfully complete the probation, your case will be dismissed after the probation period expires. If that is the case, 5 years after the dismissal date you can petition for an order of non-disclosure of the records concerning the case, provided you weren't convicted of or received deferred adjudication for any other felony or misdemeanor after this one (traffic offenses would generally not be included).

Whether you were convicted after your guilty plea or received deferred adjudication probation, you will not be able to get it expunged (removed) from your record. If you were convicted, you will also not be eligible to petition for an order of non-disclosure.

I recommend you consult a criminal defense attorney who practices in the county where your case was prosecuted. Tell him/her all the facts and ask for advice concerning your options and how to minimize the damage to your record and future prospects.

I hope this information is helpful. Good luck.

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