Not All Dismissals Are Created Equally--Deferred Adjudication Dismissals

Posted almost 3 years ago. Applies to Texas, 3 helpful votes

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Deferred Adjudication Dismissals

Most citizens would be surprised to learn that even once they successfully complete their deferred adjudication that the arrest and reference to the offense will always remain on their record. Deferred Adjudication dismissals will not be eligible for expunction unless the underlying offense was a class C misdemeanor. SO BEWARE! Before you enter into a deferred adjudication plea agreement, make sure you are okay with always having the offense show up on your criminal record as "Dismissed" through deferred adjudication.

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Class C Deferred Adjudication Dismissals & Pretrial Interventions

Deferred Adjudication dismissals on class C misdemeanor, however, are an exception to the general rule. If you successfully complete a class C deferred, you may apply for an expunction by filing a civil petition seeking that relief. Successful completion of Pretrial Intervention Program will also permit you to apply for an expunction in most instances as well.

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Non-Disclosure

If you have successfully completed a deferred adjudication, you can apply for Non-Disclosure. Non-Disclosure is not as good as an Expunction, but it may help you obtain employment in the private sector if the employer does not qualify for any of the exceptions that would permit that employer to petition the government for access to that information. Some of those exceptions include employers that work with children, elderly, security, medical, etc. Also, if you are attempting to obtain a license through the State of Texas to practice your trade or profession, the licensing board will have access to your criminal record and this may prevent you from obtaining the license that permits you to practice your trade or profession.

Additional Resources

So the bottom line is be sure that you know what your options are before you enter into a deferred adjudication. If you need a list of the entities that will be able to access the Non-Disclosed Information, you can visit my website.

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