Skip to main content

Deferred adjudication for resisting arrest. Can this be expunged?

Lufkin, TX |

my son was given deferred adjudication for resisting arrest (section 38.03 (d) ) in 2006 in Texas. In 2009 he was given an early release. Can he have this expunged from his record?

He had just turned 17 and was charged as an adult.

+ Read More

Attorney answers 1

Posted

I'm afraid not, because being ordered to serve any thpe of probation at all, even if it's deferred adjudication probation, bars eligibility for expunction. However, he should be eligible to apply for an order of nondisclosure, which would seal his record for most purposes, unless he has other criminal history that would create a problem.

Asker

Posted

non disclosure won't solve the problem because it only hides his record from public view. He can't get a good job with this on his record, he was even turned down for an apt! He has NOTHING but this on his record. At the time this happened he was undiagnosed with a mental disorder. This is so so sad to ruin a really good human beings future over really nothing! All he really did was lay in a hammock with a butter knife and say he didn't want to go to jail, he didn't fight or resist in any way just said he didn't want to go!

M Elizabeth Gunn

M Elizabeth Gunn

Posted

A nondisclosure would stop things like the apartment complex finding out about this. The records would only be released to law enforcement agencies and certain, very specific state agencies (there's a list in the statute of about 30, and only named agencies get access). That's all that's going to be available user the circumstances you've described.

M Elizabeth Gunn

M Elizabeth Gunn

Posted

I'm sorry, I also meant to specifically mention that private employers are not given access to nondiscslosed records. If he's applying for a job at a police department, school, etc,, or wants to go into a state-regulated profession (law, medicine, banking, nursing, dentistry, teaching, etc.) it could be a problem, but for most people, a nondisclosure solves the problem.

Asker

Posted

Ms. Foley, thank you so much for all your help. I have been going in circles for a couple of yrs. trying to get the right answer (without spending $3,000 - $5,000). We were told it would go off his record when he finished his probation, but some lawyers don't seem to have the moral compass you do. Once again thank you for your time and your insightful advice!

M Elizabeth Gunn

M Elizabeth Gunn

Posted

You are very welcome. I hope his outlook improves soon--best of luck.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer