I had a felony case dismissed in 1999 in Texas. Will this show up as a felony on my record?
Carrollton, TX |
My lawyer got the case dismissed on the grounds that the State did not try to locate me. I had the same address for over 10 years and filed my taxes with that same address and I also worked for the same company for 10 years while I was on a warrant.
It sounds like your attorney did a great job. Yes, the case will continue to show up on your record as a case that was filed and dismissed. You need to file an expunction to have it completely removed. When you are eligible to do this depends on what you were charged with and when the case was dismissed.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.
It sounds to me that the warrant was a probation violation warrant and your Attorney used the Tex. Code of Crim. Procedure Article 42.12 Section 24 Due Diligence Defense. Glad he was successful in that defense. Your question is a little vague in that you ask: "Will this show up as a felony on my record." If you were in fact on probation and the warrant was a due to a probation violation, a felony could be on your record and certainly a felony ARREST would be on your record. If it was a deferred adjudication probation, a felony CONVICTION would not be on your record, but if it was regular probation a felony CONVICTION would be on your record.
HOWEVER, if the case was dismissed prior to any plea, then the only felony on your record would be the arrest on the warrant. It is difficult to tell what situation actually applies to your case, unless we can look at the court's records and filings. I know this does not answer your question, and probably creates some question(s). But unless we know for certain what was done, we can only speculate as to what your record should or should not have, and even that is no guarantee as to what is on your record.
Answers provided on Avvo does not form an attorney-client relationship or indicate that the attorney represents or even will represent the client. Responses to questions are provided and based upon the facts as stated in the question. While attorneys attempt to make a complete and accurate response, there is no guaranty or warranty that the response is correct. You are encouraged to seek qualified counsel, licensed in the state(s) which have jurisdiction over the matters for advice. You are also encouraged to be careful as to your postings as the postings are not confidential.
I would only add that there is a difference in removing an arrest from your record with state and local agencies, and removing it from third party data base companies on the internet like mugshots.com or publicdata.com. Often times it is necessary to send a copy of the signed order of expunction or non-disclosure to the record department of these companies or you could still show up in a simple Google search from these companies even though you have removed the arrest from the state and local agencies. Good luck.
By providing this legal analysis of the issue presented, no attorney/client relationship is being formed. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.