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Minor driving under the influence

Austin, TX |

My son was taken in 4 years ago, when he was 18, for driving under the influence. He blew a .05, they released him. We went to the courthouse to pay the fine and he was given community service. We ran a background check on him today 3/28/13 and it's not on his record. What does this mean?

I called the municiple court and spoke with a clerk, she confirmed that they do have a record of his fine and community service.

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Attorney answers 5

Posted

If it's not on his record he probably received either deferred adjudication probation or no disposition at all other than the community service. Since it's not on his record after four years it would be safe to assume it's gone.

Posted

I am not sure. If he was 18 he was not a minor in the eyes of the law. He was an adult. You are not allowed to be placed on a deferred prosecution for a DWI. Therefore, they either gave him some community service in exchange for a dismissal, it was not a DWI charge, or he was granted a pre-trial diversion. You can consult with an attorney if you need any more help.

Answering this question does not create an attorney-client relationship. Legal advice has not been given. Also, this question and answer is posted on a public forum and therefore any attorney-privilege is waived.

Posted

A minor can do a DUI deferred disposition and the requirements usually include paying a fee, taking a class and doing community service. If completed, the case is dismissed. There may still be administrative records at the court but it is not reported out in terms of background checks. He may have completed the DUI deferred disposition and as a result nothing will show up on a background check.

The information provided does not constitute legal advice and is presented without any representation or warranty whatsoever, including as to the accuracy or completeness of the information. Always contact an attorney when seeking legal advice.

Posted

It most likely means the DA withdrew the charges after he paid the fine and did his community service. Those withdrawn charges were then expunged or automatically sealed.

Frances Jean Moss Sullivan

Frances Jean Moss Sullivan

Posted

In the Austin, Texas courts, they do not accept money for a case if the charges are withdrawn or dropped. If any fee was paid, it would either be as part of a fine for conviction or a formal deferral program. The charges were probably not expunged or sealed if the court clerk can still access the files to tell you about the case status. If the deferred disposition was completed successfully, then he will be eligible to have the case expunged if he would like to. He needs to contact an attorney to handle with an expunction.

Posted

I agree with some of the other attorneys who answered this question that it *could* could be a deferred disposition. But sometimes class C cases are not reported to DPS even when they result in a conviction. In my opinion, the best thing to do is to hire an attorney to pull and review the court's record. The attorney can advise you regarding the disposition of the case and, if it's eligible, pursue an expunction. For more information about expunction, see this FAQ:

Avvo Q&A does not establish an attorney-client relationship. To inquire about retaining this attorney for a legal matter in Austin, Texas, call 512-480-9020.

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