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Expunge deferred adjudication Texas

Denison, TX |

My husband tried to do the right thing by speaking up to the police regarding some stolen property his room mate brought into their shared house. The upshot of the deal was he got deferred adjudication for possession of stolen property and the guy that stole the stuff never even got arrested, he was told because they could not make a case against him. It was a very weird deal and we never quite understood the whole thing but the question is - is he eligible for this to be expunged and how likely is this to be granted?

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Attorney answers 2

Posted

Successfully completed deferred adjudication cases are eligible for non-disclosure, not expunction. Your husband needs to file a petition for non-disclosure to limit public access to the record.

Posted

Your husband's case cannot be expunged because it was not dismissed nor did he get a not guilty after a trial. However, he can petition the court for nondisclosure of his record. If his case was a felony, he must wait 5 years after the probation is completed. The likelihood of nondisclosure being granted depends on what your husband does with his life in the interim.