Skip to main content

Can a recanting witness overturn a 10-year old deferred adjudication?

Houston, TX |

Deferred adjudication successfully completed 10-years ago. Since then, two (2) of the witnesses' documents have been found (a handwritten journal entry, and years later an affidavit that the witness intentionally fabricated evidence for the purpose of giving a false police report. )

Is it possible to take this new evidence to court to get the deferred adjudication withdrawn and then acquired or dismissed?

Also then case has already been successfully sealed under 411.081 Tex Gov Code. But I want to be exhonerated for actual innocence, thus overturn the DAdj.

+ Read More

Attorney answers 4


I think the only way you'd get this done is with the ADA on your side. So, it's possible they would agree if the evidence is super compelling....

DISCLAIMER The answer provided above serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue.


I agree that you should bring it up with the District Attorney's office to see if they would support an actual acquittal instead of a deferred adjudication and then you could potentially have any record of it expunged instead of just sealed. However, if the DA's office won't listen, you may have to file a motion to get their attention.

This answer is provided as a general opinion to a question posted on an internet forum. This does not create in either party the expectation that an attorney-client relationship has been entered into between the original poster and this attorney. Any information provided should not be solely taken as legal advice but in the context of general information. Please seek legal representation for any specific legal questions.


I agree with the above. Get an attorney on board with the mitigating evidence and see if they can get the DA's office to agree to allow for expunction of the charge.

Law Office of David D. White, PLLC
1205 Rio Grande
Austin, TX 78701
(512) 369-3737


Do not talk to the DA's office without first consulting with an experienced habeas attorney. You might have some powerful evidence for a writ, but it is not clear from the limited information you've posted. You need to do a full investigation in private before approaching the DA.

*** The fact that you solicited advice over a public forum waives any attorney-client privilege thus far. In addition, communications over this forum do not create any attorney-client relationship. To have a privileged conversation and/or establish an attorney-client relationship, contact me using the following information: Peyton Z. Peebles III Capitaine, Shellist, Peebles & McAlister, LLP, 713-715-4500 (office) 713-715-4500 (cell)