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Will finishing deferred adjudication probation unsatisfactory affect my cases stance for nondisclosure? Will it affect my career

San Antonio, TX |

This is my first and only offense. I will be finishing my deferred adjudacation probation at the end of the month. I have 125 hours community service still due. I have been informed that I could finish the 125 community service hours(this is hard for me) and it will terminate satisfactory or not finish and it would terminate unstaisfactory. If it terminates unsatisfactory will it affect my eligibility for non-disclosure? Will this affect my chances to persue a law enforcement or military career? Can I submit applications and leave the conviction question blank?

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Attorney answers 6


Why not check to see if it is possible to go back into court and request that the court grant an extension of time to complete the remaining hours?


I agree with Mr. Holbrook. Probation will usually allow an agreed extension for you to finish your probation conditions. I'm assuming with that many hours of cs you're charged with a felony. If so that pretty much shuts down a career in law enforcement. It may or may not affect a career in the military.

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You can see if the judge will allow you to "buy out" of community services. It's someone around $5 or $6 per hour. If the court allows you to, the money will go to a charity.

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Chances are if you do not get a satisfactory termination of your probation, you will not get the record sealed. Even if you are eligible, the judge does not have to grant it. The failure to complete the terms indicates someone who did not care enough to finish and to protect his record.

Moreover, law enforcement and the military will be able to see the record even if you get the record sealed.

Cynthia Henley


The best course of action for you is to request an extension of your probation to allow you to satisfactorily complete your probation. The Court may also allow you to pay money instead of the community service hours. If your probation is terminated unsatisfactorily, it reflects badly on you.


I agree with Ms. Henley. Even in the best case scenario the judge has discretion to grant, or not, a petition for non-disclosure. Potential clients often contact my office and ask whether they're eligible for a non-disclosure if they were "unsuccessfully" discharged from deferred. The fact you completed the deferred allows you the flexibility to file the petition. However, often prosecutors object to the non-disclosure petition. But all that said, the worst thing the judge can do is say "no" to your petition to seal the records. Even if you are unsuccessfully discharged, I'd recommend filing the petition anyway. Also, the other lawyers give excellent advice on how to improve your present position.

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