My name is Terrell and i am in need of a answer. In 2010 i was arrested for a warrant in Texas. i was expedited to smith county(Tyler,Texas) where i served a theft by check of $50 dollars from a local store i wrote a temporary check for my nieces birthday party and to my surprise about 3 months later the store owner said he didn't accept temporary checks. Even though the cashier said they did so the store owner press charges against me in smith county which i had no idea about they never tried to call me.A warrant was issued for me and i was arrested and sent back to smith county jail at that point i bonded out and they issued me a court date so while i was out of jail i went to the court house and paid the check off and apologized to the store owner. A month later i had my court hearing and the judge told me she was surprised i went back and paid the check off and because of that it shows character. So my punishment was deferred probation of 6 months with fees the judge told me if i pay my fees and be done with it they will not place this (theft by check) on my record. i paid my fees in 3 months and was off probation early. 5 years later i see that (theft) is still on my record.
Actually, the court didn't do anything wrong there. You'd need to get what's called an order of nondisclsure to get the records of your arrest and criminal case sealed. Until you do that, it's going to continue to appear on background checks.
You need to be proactive and get it removed. It willl not fall off automatically.
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I think you need to contact the Texas Judicial Conduct Commission (http://www.scjc.texas.gov/complaint-faq.aspx) and file a complaint against the judge. It is obvious that you didn't have an attorney and he clearly violated your rights and didn't explain the consequences of your plea to the case.
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I agree partially with what others have said. You do have to proactively have it removed from your criminal history. A lawyer can prepare a nondisclosure for relatively small fee. But I think you might have another issue. When people say "record" that can mean a lot of different things. Because of the internet, old, wrong information sometimes hangs around. Depending on where you're finding this "record," it might just be an outdated document that doesn't reflect the dismissal after the successful completion of deferred. And I think you're talking about either deferred adjudication or deferred prosecution. There is no such thing as deferred probation in Texas. You can go to the County Clerk's office in Tyler and ask to see the file for that cause number, and you should see the judgment that will tell you whether it's deferred prosecution or deferred adjudication. That's your starting place. Might have to do some more work to correct bad info out there. And - why do you need to get that off your record (though obviously you don't want it on there if you were never convicted)? Do you need it for work applications, school? You could get a letter from a lawyer explaining the situation if that would clear up confusion with whoever needs your record. Just some thoughts.
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You should hire a local criminal defense attorney in Tyler, Texas to file a "Motion for Non-Disclosure" for you.
I am a Dallas area criminal defense attorney and former State prosecutor. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice. This answer does not form an attorney-client relationship.
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