Can I request to seal or expunge my record if I plead guilty to burglary of a building and granted a 1244-A?
1 attorney answer
Neither a conviction nor a deferred adjudication can be expunged unless overturned on appeal (too late) or pardoned by the Governor of Texas (long shot.)
If you successfully completed deferred adjudication community supervision and you were not convicted (or placed on deferred) during either the supervision period or the 5 years afterward, then you can petition to have the record sealed with an order of nondisclosure.
Burglary of a Building is a state jail felony (SJF.) Texas Penal Code Section 12.44(a) allows a conviction for a SJF to be PUNISHED as a class A misdemeanor with regard to confinement. Section 12.44(b) allows an offense defined as a SFJ to be PROSECUTED as a class A misdemeanor. If you had a 12.44(a) then you were convicted of a state jail felony.
Under current law, it is possible to seal your FIRST misdemeanor with an order of nondisclosure, even if you did not have deferred adjudication. However, it sounds like your case was prosecuted as a SJF so this option is not available to you.
So, that leave an executive pardon as your primary recourse. You can download the application form here: https://www.tdcj.texas.gov/bpp/forms/forms.html
This is not legal advice. Avvo Q&A does not establish an attorney-client relationship.