Minor driving under the influence

Asked over 1 year ago - 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?

Additional information

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

Attorney answers (5)

  1. Frances Jean Moss Sullivan

    Pro

    Contributor Level 11

    5

    Lawyers agree

    Answered . 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... more
  2. John Joseph Eastland

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . 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.

  3. Kiele Linroth Pace

    Pro

    Contributor Level 6

    2

    Lawyers agree

    Answered . 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... more
  4. Ryan Joseph Mitchell

    Contributor Level 12

    1

    Lawyer agrees

    Answered . 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,... more
  5. Mark Copoulos

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . 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.

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