If you don't qualify for non-disclosure on deferred adjudication plea on domestic violence. Are there options available?

Asked over 1 year ago - Houston, TX

My stepson accepted a deferred adjudication plea in a domestic violence case. He is having a very difficult time finding employment due to inability to pass the background checks. Of course at the time he was not aware of deferred adjudication process in Texas. We are looking for any advice in this matter.

Attorney answers (4)

  1. Peyton Zimmerman Peebles III

    Pro

    Contributor Level 13

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    Lawyers agree

    Answered . Your stepson only has two options: (1) petition the Governor for a pardon (which is exceedingly unlikely); or (2) lodge a collateral attack against the conviction through habeas corpus. The second option is still an uphill battle. A habeas challenge puts the burden on your stepson to prove that the proceeding leading to his guilty plea suffered from a constitutional infirmity. It most typically challenges the prior lawyer's performance, but there are other possible claims as well. Only a lawyer skilled in habeas litigation will be able to properly investigate the case and tell you the chances of success. Most good habeas attorneys, my firm included, charge one fee to investigate the case and a second fee to actually litigate it back in court (assuming the investigation reveals evidence to support a claim(s)).

    *** The fact that you solicited advice over a public forum waives any attorney-client privilege thus far. In... more
  2. Macy Michelle Jaggers

    Pro

    Contributor Level 20

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    Lawyer agrees

    Answered . The only two options are extreme and rare. He can seek to have the case overturned on a writ of habeas corpus, or he can try to get a pardon.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  3. Rosario Stornello

    Contributor Level 11

    1

    Lawyer agrees

    Answered . A deferred adjudication probation for assault family violence is not eligible to sealed in Texas. The only two options are very rarely successful. He can seek to have the case overturned on a writ of habeas corpus or he can try to get a pardon from the Governor of Texas..

    Notice: The information contained herein is intended as general legal information and does not create an attorney-... more
  4. Ryan Joseph Mitchell

    Contributor Level 12

    1

    Lawyer agrees

    Answered . You need to consult with a appellate attorney on this issue. Oddly, enough I know several in the Houston area since I was a prosecutor with the Harris County District Attorney's Office for over six years. The person that I generally recommend is the person who posted first on this question. Contact Mr. Peebles is you want further advice with this question.

    Answering this question does not create an attorney-client relationship. Legal advice has not been given. Also,... more

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