texas criminal laws regarding probation

Austin, TX Viewed 190 times. Posted 10 months ago in Criminal Defense

probation: What happened with probation before Texas had adjudicated probation? There is a newish law that adjudicated probation can be 'non-disclosed'. But mine was before there was such a thing in Texas. I was told that my (successful) probation still had to count as a conviction ( and therefore not eligible for non-disclosure) because of it's age. (1971)
This was in Austin at the time. I now live in CA - Is this your question? Add additional information

Answers (1)

Michael J. Morris

This attorney is licensed in Texas. Posted 10 months ago.

You are correct. Article 55.01 of the Texas Code of Criminal Procedure governs "expunctions," which would be the sealing of records for a misdemeanor or felony committed as far back as yours. Unfortunately, you have to show either acquittal or a pardon, or a dismissal of the charges. Since you completed probation, I am aware of no means to expunge this probation, short of a Pardon.

The "newish law" you are referring to is Tex. Gov't Code sec. 411.081, which reads:
"After notice to the state and a hearing on whether the person is entitled to file the petition and issuance of the order is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information relating to the offense giving rise to the deferred adjudication."

It does not apply retroactively to a probation case, even if successfully completed.

I recommend you review Chapter 48 of the Texas Code of Crimal Proceedure and evaluate whether or not a Pardon would be appropriate path in your circumstance.

Mike Morris
Morris & Allen, pllc