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Why can't you expunge a record if you did deferred adjudication?

Austin, TX |

If someone files a non disclosure can a employer see your prior charge?

Attorney Answers 3


Pretty much because the Texas Code of Criminal Procedure says you can't. Any type of court-ordered community supervision takes you out of the running for eve being able to expunge the case records. Whether you employer will be able to see the nondisclosed records is going to hinge on who they are. If you're trying to get hired by a police department or something like that, you may have a problem. If you're trying to get hired by a private employer, you should be okay, because they don't have access to nondisclosed records, at least not through the government agencies that maintain them. There is a chance that there may be something available after nondisclsure say on a website somewhere that can't be nondisclosed because the site isn't maintained by a government agency, but if that happens, you can produce official paperwork saying the clerk, PD, etc. has no record of any case on you.

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Texas law does not permit expunction of deferred adjudication cases with the very rare exception of where the defendant gets pardoned.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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Because the law doesn't allow it. Most employers cannot see a sealed record. Only if the employer is a government agency or has government clearance.

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