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I'm confused about a Class C Misdemeanor that I just recently discovered on my record.

San Antonio, TX |

I posted a question on here recently and while I got some responses which I greatly appreciated, I thought I'd post the question again with a little more insight. Back in 2010, on my way home from work, I crossed the double white line to get into the HOV lane and was pulled over by a cop. I got a ticket and subsequently paid it but recently, I received a copy of a background check and this ticket was on it. Here's where I'm very confused. The report shows that I received 30 days of probation which was deferred. When I paid my ticket, I was told that was it. I never went to court, I was never contacted again and thought that in order to receive probation and deferred adjudication I had to have been in court along with an attorney. Can someone please explain this to me? Thank you in advance.

I was told that I could apply for expunction but how can I expunge something that never happened? I was never arrested, never informed of probation or deferred adjudication so what am I missing here?

Attorney Answers 6

Posted

This greatly depends on specifics which should be reviewed offline by a lawyer in Bexar county offering you a free initial consultation to review those specifics. By paying it MIGHT (not certainly, definitely, or anything of the sort - just maybe) could have admitted guilt. Clarify specifics offline with a lawyer who can review your case. Never rely on general thoughts when it comes to probation and/or DA layaway.

Statements posted on the Avvo Q&A section are not legal advice. No prudent person anywhere at any time should ever rely upon any statements posted on the Avvo Q&A section. There is no attorney-client privilege based on this interaction. I am not your attorney and there is no attorney-client privilege up until the moment that we have a signed engagement letter with a clear understanding regarding fees - at which point we will not be discussing your legal issue online on a public Q&A board that anyone in the world can view. You should find an attorney that can best represent your interests: using the Avvo lawyer search is one of many possible utilities online to collect names of lawyers you might be interested in meeting with offline to discuss your legal issue in full detail so the legal advice can be tailored to the specific facts of your legal issue.

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Posted

Go the original court in which the case was pending and see what the actual outcome of the case was. This will tell you a LOT more that you can share with us so we can better answer your questions.

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Posted

The fastest and most accurate answer to your question is to hire a San Antonio Traffic ticket lawyer to look in to this by going to the Court and reviewing the actual documents.

Providing general answers are meant to help the poster to understand some complex legal concepts and in no way creates an attorney-client relationship.

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Posted

I echo my colleagues responses. It would be best to hire a competent attorney to research this for you or to go to that actual court itself and see what is going on.

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Posted

We don't have HOV lanes, so this didn't happen here. Just paying a ticket means a conviction on your record and points on your license. You don't have to have a lawyer to get deferred, but usually you have to ask for it. Sounds like you were in a court that treated you fairly even though you weren't represented by an attorney. Count your blessings.

I intend this answer to be for general information only and it should not be substituted for advice from an experienced local lawyer who can investigate your situation fully. My practice area spans primarily across South and Central Texas. If you want to retain my services for a different part of the state, I will have to charge you for my travel, and it will likely be more cost-effective to retain local counsel. My contact information, and that for all attorneys on Avvo can be found by clicking on our names.

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Asker

Posted

I actually never went to court, that's my point. They are saying I hired an attorney to take care of it and I didn't. I never went to court, just paid the ticket and that was it.

Deepali Meenu Walters

Deepali Meenu Walters

Posted

Municipal courts are notoriously busy. Maybe they mixed up your record. Maybe they thought yours was a case handled bya lawyer and treated it as such. Either way, paying a ticket gets you a conviction, and you got a deferred instead. That's a good thing, not bad.

Posted

It all depends on the disposition of your case. You paid your ticket - which means you could've effectively pled guilty and taken the conviction or you could've been on a deferred which was later satisfactorily completed. If the case WAS in fact dismissed via completion of a deferred adjudication period, then it's eligible for an expunction. An expunction order should erase all info on the charge so that in the future it will never show up on any official background check (i.e., DPS, official criminal database systems, etc.)

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Asker

Posted

I was thinking of expunction and will look into that course of action. Thanks for your help.

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