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I'm on deferred adjudication in Texas w/ restitution. Is it possible to negotiate a lower amt. to pay off the restitution?

Tyler, TX |

I would like to clear up my record and pay off my restitution but there is no way I have the amount that is on the books. I have been on deferred adjudication for three years now. Thanks to this "record", I have been given very good jobs since I was laid off from my long term job over a year ago, but when the back ground check comes back, was told they had to back away from hiring me. I have exhausted unemployment and literally have no income. I am desperate to find a way to get this off my record so I can get a job.

I would like to see if it might be possible to negotiate a settlement to pay off the restitution for an amount that I could actually pay. Is that possible?

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Attorney answers 2


I'm afraid that won't work. Restitution is treated differently than probation fees, fine and court costs, and the judge simply does not have the power to do anything to alter your legal obligation to pay it once the judgment's in place.

What it sounds like you really need help with is getting a job so you can pay it, anyway. Sometimes, your probation officer can give you a lot of help with that, since they tend to know which local employers are willing to give probationers a chance. Other times, they're not so helpful, unfortunately.

Another idea might be going to a local employment agency and explaining your situation up front, so that you don't get through the interview process and then get hit with results of the background check. Again, some employers are more understanding about that than others, and an employment agency may also be able to provide you with other options, like temporary employment (for which employers sometimes have looser standards), that could help get you through this. Good luck.


I doubt it - you should consult a local TX criminal law attorney. If it Is it possible make a personal loan & pay off the restitution in full - it will be well worth it in the long term for job placement etc.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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