How Long Does a Texas Deferred Adjudication Stay On Your Record?
The answer: forever, if you don’t affirmatively do anything about it.
One of my new found pleasures in starting this blog is that I am starting to get emails from folks who find the site on the internet, and email me various questions. This one came from a guy in El Paso, who had completed Deferred Adjudication probation almost ten years ago, and was surprised that a prospective employer asked him why he had not admitted to being arrested for marijuana possession.
Why was he surprised? Well, the criminal defense lawyer he hired hadn’t fully explained the consequences of his accepting a plea bargain of deferred probation for his marijuana arrest. The lawyer had simply told him, “It will be dismissed and off your record”.
I hear this all the time from clients. Probably at least once a week.
Well, here’s the bad news. You had a crummy lawyer, one that in my opinion committed malpractice by not fully advising you of the consequences of your plea. The lawyer wasn’t necessarily bad for advising you to take the plea; it very well may have been the best option available. But he should have let you know all the repercussions so you would have made a truly informed decision.
Yes, if you successfully complete a deferred probation in Texas, it’s “technically” true that the case is “dismissed” at the end of the probationary period, and you were never convicted. But that does not mean that it’s “off your record”, at least in the sense that the general public understands that phrase.
What clients are (rightfully) concerned about it this: “Will anyone ever be able to find out that I was arrested for this offense?” Because, let’s face it, when future employers (or family, friends, nosy neighbors, whoever) find out that you’ve been arrested, they assume that you are guilty. Where there’s smoke there’s fire, right?
Fortunately, the law in Texas now allows probationers who complete deferred adjudication to apply for a Motion for Non-Disclosure. While it’s not as good as an Expunction, which complete erases the arrest from your record, it’s still a good option. Basically, Motions for Non-Disclosure seal your criminal history in a way that allows the State to keep the record (and therefore knows about it if you are ever rearrested), but is prohibited from disseminating the information to the public.
One last thing: obviously, since I practice in Austin, I wasn’t able to represent the guy who emailed me from El Paso. What I did do, however, was spend about ten minutes on the phone with him, to explain the situation to him. As a member of Texas Criminal Defense Lawyer’s Association, I have a list of qualified attorneys all over the state, and I was able to refer him to someone that I trust will handle his Motion for Non-Disclosure expeditiously, and at a fair price.
Please, if you are arrested somewhere in Texas outside of Austin, and stumble across this blog while “researching Texas criminal law”, feel free to call me or email me and I will be more than happy to either answer your question completely, or perhaps I’ll be able to refer you to a qualified attorney in your area that will be able to help you.
Jamie:
You do me honor with the citation. I am humbled. Thank you.
Another tool that I use for informing folks on the value of the drug war is a calculator I produced using the most qualified estimates that I could find of the value of the global retail drug black market. The U.N. produced the estimate in 2003. $ 344 billion globally with the U.S. accounting for 44% or $ 144 billion a year. Along with that number I offer people the census locator for population and the per capita of $ 486 for each American to calculate the retail market in any local community in the U.S. Lots of fun. It really turns heads when I teel people the value of the drug markets in their neighborhoods.
US Illicit drug market value calculator (09-06 update
I feel there needs to be an informed effort to identify issues that are important to the non-reform community. Your point about the cost of prison cells combined with the issue of mantadory minimum sentences, for me, stops a lot of vociferous drug warriors on the spot. I seem to have greater success when I argue the issues that are near and dear to drug warriors than when I argue how they should accept me. Sympathize with me. Respect me. Rather, I tell them how they are screwing themselves along with the rest of us here in the good old U.S. of A.
Lots of fun.
Thanks again.
Pat
I would really like some info on how to proceed with the Motion for Non-disclosure, as I had deferred adjudication 10 yrs ago & it still stops me from obtaining employment. What is a "fair" or estimate on the fee (just ballbark)? Do you have anyone I can contact in Spring, TX (North of Houston, Tx)? I appreciate ANY help/info as I want to get the process started as soon as I can, as I was also told it would not be on my record after I completed it - which we all know was a lie after almost 10 yrs. Thank you so much for your time & helpful info.
Sincerely,
LHP
would really like some info on how to proceed with the Motion for Non-disclosure, as I know someone that had deferred adjudication 10 yrs ago & it still stops him from obtaining employment. What is a "fair" or estimate on the fee (just ballbark)? Do you have anyone I can contact in Houston, Tx zip 77075)? I appreciate ANY help/info as I want to get the process started as soon as I can, as I was also told it would not be on my record after I completed it - which we all know was a lie after almost 10 yrs. Thank you so much for your time & helpful info.
Sincerely,
egg
I am on deferred probation, and if you could send me information that will help me with my record, will be nice. I live in Houston, Texas. I am going back to school and would like all of the info. that I can get about clearing all of this up the right way.
I would like some information on the motion for non-disclosure. I have been on deferred adjudicated probation for almost 3 years and i have almost completed all my requirements. My probation officer told me that i can even file for a early termination of probation. This was a first time offense for me and its a felony..attempt to obtain a controlled substance by fraud. I am 23 years old and i am enrolled in college and i would like to get this taken care of ASAP. Do you have a ballpark figure on what this will cost? Also can this prevent me from traveling and studying abroad? pref. in the UK? My prev. lawyer told me i couldnt file for an expuntion for 10-12 years.
please advise me on what to do, i had no idea DA would impact my life as bad as id. i have now been told i can never remove the DA, i have call lawyers for advised and left messages and have yet to recieve a phone call. please put me in contact with a san antonio attorney
i would like information about the motion for non-disclosure i have finished my probation and would like more information i live in arlington tx plz reply back
I had a deferred adjudication case 3 years ago for a felony case. I live in Houston, Texas. Can you refer me to a lawyer houston that can help me with motion for non disclosure?
I had a DA I thought would never show up. I got my paralegal certificate and had an opportunity to get a job with the OAG which when they ran my background check came up. It was for a check written during my divorce that I did pay and only had a court fine of $20.00. I thought to myself, great, I am clear. Or so I thought. How can I get this off so I can pursue a career in the justice system?
HOw can I get info on a motion for non-disclosure on my DA? This happened in high school 1997 which seems like forever. I wasn't really worried about it because my lawyer told me it would be gone after all was said and done.I found some old paper work on it and looked up info and learned that Deferred Adjudication isn't what i thought it was. I would like to get back to college and possibly med school. But, afraid this is going to affect me in every way. My husband knows nothing of my past conviction. I figured it was gone forever. I am a wife and mother of three and am what our society calls "normal". No one would ever think of me as a convicted felon or having a record. I was with the wrong person at the wrong time. I now live in a different state and a different life. What do I need to do to get a motion for non-disclosure?
I live in Midland,TX & was on DA for endangerment to a child & put on for 7years & my probation terminated early with no violations. It was a real stupid thing I wasn't even touching or looking@the child. Anyways I can't seem to find a job nor a place to live because of this on my record that I was told wouldn't show up after I completed my probation. This has ruined my whole life.Is there anything at all at all I can do to hide this on my record??
Can you file a Motion for Non-Disclosure on a deferred adjudication on a case that involves injury to a child f/3 and the terms of the deferred adjudication were successful met. If so, how does the process work and is there an attorney that you can refer me to in Dallas, Texas. This happen in 1998.
My daughter is a college student in Dallas and was arrested for public intoxication. Her court date is on the day of finals and she was told it could not be changed. We are debating whether to pay it without her appearing in court as after some research, it seems the effort it takes to remove even deferred adjudication from one's record is not worth it. I would appreciate your thoughts on this.
I would greatly appreciate the name of someone who might be able to help me get a motion for non disclosure on a deferred adjudication in Dallas. Thanks in advance
I have a similar case to this blog you published. I live in Buda, Tx with a Deferred Adjudication in my record. Got convicted with a third degree felony. I wont get to detailed with my case unless I could maybe get a consultation with yourself or anyone in your team. My public defender did not really explain the outcome in which I thought I had a good deal in place. Got convicted in feb 2007 and my probation wont end till jan 2012. I recently being researching this deferred adjudication word and its nothing to what I had assumed. My question is how soon can I file for a Motion for Non-Disclosure. How long is the process? What price range should I be looking for? Thank you very much if you have time to reply back.
My son is in the Army. Someone put drugs in his car but since it was registered to him, he got arrested with a felony. In Georgetown!! He has 5 yrs DA. Like most people, we were told it would be completely off his record. Can we go after the attorney's for lying to us? Will me son ever be able to work for the government? Pls help!! He just got back from 15 months in Iraq and this new info is harse!!
Thanks for the useful information. I was able to use it as a spring board to do further research on my case. After successfully obtaining an order of non-disclosure, I am now considering sitting for the CPA exam. The material online regarding my particular situation is rather vague. For my letter of intent to sit for the exam, should I mark that I was ever arrested? I would greatly appreciate any assistance or for someone to point me in the right direction.
Hi, I NEED HELP i HAVE A FELONY ON MY RECORD FOR 8 YEARS AND I HAVE DEFFER ADJUDICATION THAT I DIDN'T DO. MY ROOM MATE STOLE STUFF IN PUT IT IN MY CAR WHILE I WAS IN CLASS AND SOMEONE SAW HER AND THEN SHE PICK ME UP AND THE COPS STOP THE CAR .BECAUSE SOMEONE WROTE MY LICENSE PLATE DOWN AND TOOK ME TO JAIL ALSO.
I have just accepted a deffered adjudication in Johnson Co. Tx by cohersion of a lawyer. I wanted to plea not guilty but was told by the lawyer come up with another 3,000. to 5,000. dollars. I have now plead guilty. Reported to the probation officer and find out that a two charges where i was found not guilty in front of juries was in my records and the PO started asking me about them . That was over 11 years ago. why are they thier. I am a retired Marine on limited buget. i have no beleif that lawyer or attorneys in Johnson county want anything but money. The truth does not matter. Thanks for listen.
My boyfriend was arrested 2years ago with Cocaine in his possession. He was put on probation and he is due to get off of probation in June, he has gotten himself completely clean and would like to go to school. I would really like some information about the non-disclosure. We are in Longview, Texas now but it occured in Lufkin, Texas. If you could get back to me I would really appreciate it, Thank You in advance!
This is unbelievable, in 1998 I took a da for an assault charge to be exact 4 that ran concurrent, I specifically told my attorney that I would only agree to this if I was able to apply for law enforcement without this being shown as a conviction no matter WHO looked at my record. I just wanted to get out of texas and return to Jersey, he assured me I would be fine and this would not affect me, well here it is 10 years later and this is still haunting me. The police dept wont even look at me as a candidate and I cant get a simple license to purchase a firearm. Beside all of this I was allowed to go too Puerto Rico while on probation to LIVE, and just report by mail, So when I left Texas I went to Jersey for about 3 months then was allowed to move to PR just pay my fine in total before moving. That's what I did I wasn't in any trouble before this happened and haven't been in any trouble since. So was this all about money
I had a class c misdemeanor charge in 2003 in Texas and did deffered adj. About how long does an expungement take if I start right away?
I have a question in regards to the sealing of my record after finishing deferred ajudication. How soon can i petition the court to have it sealed if my case was felony credit card abuse? Any advise will be greatly appreciated.
HELLO SIR THANK YOU FOR THE VERY USEFUL ADVICE. I NEED HELP THOUGH OR ADVICE FROM YOU PLEASE. 5 YEARS AGO I GOT PUT ON DEFERRED JUDIFICATION FOR A 2ND DEGREE FELONY. I HAVE BEEN LOOKING FOR A JOB AND NO ONE WANTS TO HIRE ME BECAUSE OF MY RECORD. DO YOU KNOW ANY COMPANIES THAT HIRE PEOPLE WITH RECORDS? OR THAT DO NOT DO BACKROUND CHECKS? PLEASE LET ME KNOW. THAINK YOU!
My husband was arrested for possession of marijuana and child endangerment (our son was in the car) 2 years ago. They now want to drop the drug charges and give him deferred adjudication for child endangerment. We want him to stay out of jail, but as I do research, I'm not sure what we should do. Do you have any advice for us? Thank you!
hello sir
my question is if can I get a non disclosure for a 1st degree felony
my daughter is 19yrs old and she has a DA for 3yrs. She is filling out for FASA (college grant) and a job also, and I would like to know how does she asnwer the question have you ever been convcted of a crime? . Please help. Thank you
I would like some info on how to proceed with the Motion for Non-Disclosure, as I know someone that recently had Deferred Adjudication & it is stopping him from obtaining employment. His attorney never mentioned this or what to file to prevent this from happening. Thank you so much.
When my son was granted deferred adjudication for theft (shoplifting) in 1997 as a teenager in San Antonio, the Judge stated in court that by pleading guilty, after fulfilling his community service, making restitution,and paying a fine, my son would NOT have a record. After agreeing to the terms, my son successfully completed the requirements and I paid the fine. Now, 11 years later we find out that it is on his records. And even though he has been an outstanding citizen every since 1997, his current employer is questioning the deferred adjudication and his job may be on the line! Please refer us to an inexpensive attorney in San Antonio to get this off his record. He was a dumb kid who has gotten his act together and has been contributing to society and taking care of his family.
i recently got deffered adjudication probation for two years, for possesion of a controled substance (
i recently got deffered adjudication probation for two years, for possesion of a controled substance (
Good information.... I also live in el paso with a pom charge. If i could go ahead and get information so i can get this expunged from my record thank-you!
any info on someone in Mt. Pleasant Texas?
I got 4 years d/a back in 2005 for credit card abuse. This was my first and only offense. I was also told that it would be off my record once the probation was done. My probation will be over with July 2009. I am a single parent of three, a full time college student and make only $9.50 per hour(the only job I found that don't check backgrounds). My case was heald in Kaufman County but I currently live and report to Dallas County. I need HELP!!!
I got 4 years d/a back in 2005 for credit card abuse. This was my first and only offense. I was also told that it would be off my record once the probation was done. My probation will be over with July 2009. I am a single parent of three, a full time college student and make only $9.50 per hour(the only job I found that don't check backgrounds). My case was heald in Kaufman County but I currently live and report to Dallas County. I need HELP!!!
I would like to know how much it would cost in a round about way.
I can get my deferred adjudication fix on my record that I did a 5 yrs probation and completed in 11/07
if someone gets deferred adjudication, wats roughly the amount they have to pay a month?
My God, I thought my daughter was the only one with this problem, she got ORDER TERMINATING DEFERRED ADJUDICATION, from Williamson County,Texas effective 11-06-2003,she was 18 at the time of this incident,she is 33, she has turned her life around,has finished school,and is going to college,and supporting herself. She just got fired from her job because of the background check. That has been an on going problem. I cant see why the state of texas don't believe in second chances, as for the motion of non disclosure, if I ran a check on her and it comes back with the motion of non-disclosure, is that saying she got in trouble but they are not allow to know what it is?
I previously got arrested for possession of marijuana in El Paso, but it was dismissed. Is there someone in El Paso that would be able to do an expunction with my charge. I really want to apply for Border Patrol, but I am afraid that this will mess up my chances.
Do have any names of lawyers (honest and cheap) in Bexar county that can help remove DA from my record by way of motion of non-disclosure? If I had known that the judge and lawyer were lying about it being removed from my record I would have done everything finacially possible to fight it.
Hi. This posting was extremely helpful. As with most of the comments posted, my lawyer advised me that my record would be erased after completing a deferred adjudication plea. I was wondering if you have any information on a lawyer in Lubbock, Tx who might help with filing the motion for non-disclosure. Also, I read somewhere else that there is a waiting period on certain charges before filing for this motion. Can you tell me anything about this and whether it is correct or not? Thank you so much...this article helped immensely in clearing up some misconceptions about the deal