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At what point can we request to have the adjudicated probation removed>

Dallas, TX |

My finance was given 4 years adjudicated probation and she must pay restituion, probation fees and court cost. If we pay everyting off in 1 year, can we petition the court to have it removed and cleared from her record. thanks again

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Attorney answers 2

Posted

Not exactly. First, she must successfully complete her probation. The judge can grant her early release from probation, but Dallas judges typically want you to be supervised for at least half of the probation period. So in two years, she should request early release if all of her conditions have been completed. Once she is. discharged from the probation, the case will appear on her record as a dismissal. At that time a five year waiting period starts. At the end of the five years, she can file a petition for non-disclosure to seal the record.

This should have all been explained to her at the time she entered her plea. Dallas actually has a specific form explaining non-disclosure rights that the defendant is required to sign before the judge will accept the plea. She should be able to print a copy off the Dallas County website is she wasn't given one.

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Posted

As she so often does, Ms. Jaggers has given a grade "A" answer.

I would only add for the sake of clarity that a judge maybe will one day issue an order of non-disclosure if it is applied for, but that order does not entirely clear the defendant's record. It only restricts who can see the record.

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.