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.

  • Pat

    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

  • LHP

    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

  • Esmi

    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

  • Mandy DeSouge

    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.

  • sarah humble

    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.

  • jose santana jr

    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

  • marvin

    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

  • Shanda

    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?

  • anne

    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?

  • Chanel

    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?

  • Natalie

    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??

  • Kim

    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.

  • Mary

    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.

  • Natalia

    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

  • Francisco J Estrada

    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.

  • Liz M

    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!!

  • V.P.

    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.

  • tyronza harris

    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.

  • rusty

    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.

  • EAH

    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!

  • Shon

    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

  • Brian

    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?

  • Jillian

    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.

  • Steven J

    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!

  • Sara

    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!

  • lzar

    hello sir
    my question is if can I get a non disclosure for a 1st degree felony

  • Karyn

    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

  • Debbie

    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.

  • Mardi

    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.

  • jose

    i recently got deffered adjudication probation for two years, for possesion of a controled substance (

  • jose

    i recently got deffered adjudication probation for two years, for possesion of a controled substance (

  • joseph

    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!

  • concerned

    any info on someone in Mt. Pleasant Texas?

  • Renee

    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!!!

  • Renee

    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!!!

  • jeremy watson

    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

  • justin

    if someone gets deferred adjudication, wats roughly the amount they have to pay a month?

  • Aurora Robie

    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?

  • OG

    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.

  • Ralph

    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.

  • Amanda

    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

  • antonio corral

    i was arrested in 2000 and got da for posession of a controlled substance. in 2002 was charged for burgalry of a habitaiton but the case was dismissed. (they found the guy that did it). in 2003 i was convicted of a dwi. can i non disclose the da and/or can i expunge the burglary? i believe the law says that you cant exunge if you have been convicted of a felony in the previous 5 yrs but i thought da was not a conviction. im so confused. thank you.

  • christina jennings

    i would like some info on the motion for non-discloser i was arrested in 1996 and had a defeered ajudicated sentence they keep telling me that it comes up on background checks as dissmissed but it doesn’t.i just joined the military and need it off my record any info would help. thank you

  • Melissa

    If I move to California and I get a California driver’s license. Will my texas theft deferred adjudication follow me there?

  • Mark H.

    I was convicted of a felony in 1996 for falsfying documents to a firearms dealer. Now that over 12 yrs has past will I ever be able to purchase any legal firearms in the state of Ga. where I now live ?

  • Donna

    How in the world can a person who was convicted over 20 yrs ago,obtain an expunged criminal record through the courts,when the judge that sentenced ytou went to the press of the appeals court in your state,and the pro.da is now a judge,and a mandate was signed by the attorney general mandating your appeal to the samw court that it was in during trial?

  • Sandra Jay

    i had a charge of falsfying govt/docu (felony) offense date 10/31/94 sentence date 1/19/95 rec’d deferred adjudication. how do i motion for non-disclosure. and can that be done with a felony?

  • Lee Man

    My son was arrested for drag racing.
    I got an attorney who someone refered and all he did was sign
    some papers when they went to court.
    He charged me 1200.00 dolars for maybe 1 hr of work. Is that reasonable? The other guy who has money to go to trail got 45 days
    of community service.My son got 9 months probation. I hired another att.for early dismissal and this to be sealed. It has been 3 months and all he tells me is that his is working on it. By the way he charges 5000.00. Is that reasonable.
    If you are doing community service does that mean the other guy record is sealed. How long does it take a judge decide for early dismissal

    Thanks

  • Tamika

    Hi! I want to file a motion for non disclosure for a misdemeanor possession charge in Rockwall, TX. Do you know of any good and affordable attorneys in that area?

  • RJCC

    I would like some info on how to proceed with the Motion for Non-Disclosure. 8 years ago, just weeks after I turned 18 yrs old, I was charged with a Class A Misdemeanor. Not having the money to afford a reputable attorney, and with no knowledge/access to how the legal system works, I was put on Deferred Adjudication. I complied to all terms of the DA, and today I have two bachelor’s degrees and a desire to go to law school. Perhaps, the DA will one day keep me from taking the Texas Bar? As it stands, my record is keeping me from pursuing many employment opportunities in the CJ field. My attorney never mentioned this or what to file to prevent this from happening. I too, live in El Paso. I would greatly appreciate any of your time on advising me on this matter. Thank you so very much in advance, as you have provided me with, “hope.”

  • Lisa

    How much does it cost to close the file?

  • Joyce

    My brother was convicted of a 2nd degree felony (manufacture w/intent to deliver) and put on 10 years deferred five years ago. This is the only time he has ever been in trouble of any kind, what I would like to know is if there is any way to get the conviction expunged. We are in the Greenville area of Texas and any info you can provide would be greatly appreciated.

  • antonio

    i had a DA in texas in 2000 for posession of a controlled substance. i was convicted in 2003 in texas for dwi and in 2004 in illinois for dui. can i get a non disclosure for the DA?

  • jose garcia

    i wouild like to get some info or maybe some representation on this case i had a casr of unathorized use of a motor vehicle. it was the very first time ive been in trouble. iwas in college studing crimanal law to become a peace officer. now i cant even become a security officer because of my arrest. i was told bey the atty. that everything would disappear if i accepted this plea bargin. this was over 10 yeats ago, and i had applied for a job a a jailor and got denied. need to know if there is anything to fix this and persue my career again as a peace officer… thank you for your time.

  • jose

    i wouild like to get some info or maybe some representation on this case i had a casr of unathorized use of a motor vehicle. it was the very first time ive been in trouble. iwas in college studing crimanal law to become a peace officer. now i cant even become a security officer because of my arrest. i was told bey the atty. that everything would disappear if i accepted this plea bargin. this was over 10 yeats ago, and i had applied for a job a a jailor and got denied. need to know if there is anything to fix this and persue my career again as a peace officer… thank you for your time.

  • Bob

    I was arrested for possession of marihuana in 1998 in brownsville TX Intermediate amounts I was advised to take the deffered ajud.I was not A resident of TX.My probation was traansferd to MI.is it on my record hear.I would like to buy a sidearm. That is my only crime ever.

  • zack

    wow, this is the most informative and useful info that i have found on the internet in a long time. i have 1/2 year to go on a DA probation and would love to know more info on how to get this motion set up in houston. my lawyer really did me bad and i need to get my life back on track and its very hard to do if you have a drug charge record. any info would be a great help. feel free to email me or call me @ zackdakiss22@yahoo.com or 832-388-0000. thank you…

  • zack

    wow, this is the most informative and useful info that i have found on the internet in a long time. i have 1/2 year to go on a DA probation and would love to know more info on how to get this motion set up in houston. my lawyer really did me bad and i need to get my life back on track and its very hard to do if you have a drug charge record. any info would be a great help. feel free to email me or call me @ zackdakiss22@yahoo.com or 832-388-0000. thank you…

  • zack

    wow, this is the most informative and useful info that i have found on the internet in a long time. i have 1/2 year to go on a DA probation and would love to know more info on how to get this motion set up in houston. my lawyer really did me bad and i need to get my life back on track and its very hard to do if you have a drug charge record. any info would be a great help. feel free to email me or call me @ zackdakiss22@yahoo.com or 832-388-0000. thank you…

  • latoya

    Hello,
    I have been on Deferred Adjucation for about 4 years now. I have a 7 year sentence. I got the charge in Texas however I don’t live in texas. It doesn’t show up when someone does a back round check up on me, but I would like to file for a early termination and then file for a non disclosure is there any information that you could offer me I would greatly appreciate it.
    Thanks
    Latoya

  • vanessa

    Hi,
    My name is vanessa, i was recently arrested because of shoplifting. The amount however, was 1600 dollars. Im currently attending UT Austin. My lawyer said, he was going to try to reduce it to a misdeamenor. Do you think it can be reduced?

  • Gary

    I was involved in a case in 1994 that resulted in deferred adjudication and after 2 years of communtiy supervision I petetioned the court successfully to terminate the probation. Lampass County, 27th Judicial District court, March of 1997, the order read in part, deferred adjudication vacated and set aside, a new trial granted herein, and the indictment in all things is dismissed.
    Thats pretty straight forward and plain language. I just let it lay for a number of years, and didnt think much about it, I have recently taken up the torch and wonder if that would qualify for an expungement?
    Thanks,
    Gary
    you may feel free to contact me email or by phone, I d appreciate an answer as to the meaning of that order
    325 668 0931

  • John

    Mr. Spencer,

    I earned a citation for speeding in Denton County, TX but I am a licensed driver from Indiana. In review of my options and subsequent call to the JP office, I was informed that I do not qualify for the DSC dismissal. I can apply for the Deferred Adjudication or just plea guilty.
    Based on your website information, I would think it would be better to plea guilty, pay the fine if the moving violation is dropped from the public history after a time (i.e.; 3 years).
    Are the assumptions for pleading guilty accurate and a better choice than Deferred Adjudication?
    Thanks.

  • Raymond King

    Hello sir. My question is if I recieved Deferred adj. on a felony charge is the waiting time to file a non disclosure 5 yrs from the date of the offense or 5 yrs after you get off probation? Thanks

  • sara

    i had a deferred adjudication for shoplifting/teft and had apply before for the border patrol position, pass all the test when when it came to the backgroung check, they notify me that i was unsuitable for the position due to lack of morals and caracter based on my deferred adjudication before, at the time, my attorney told me that after the provation, is this something that will disqualify me for the position even when i never went to trial and just received a deferred adjudication?

  • Shawn C.

    I am in Denton County. I have done my 2 yrs. probation. I am going to petition for non diclosure myself. If I can ask you, after I petition. What are the next steps……….thanks

  • Anibal

    Im on a deffered adjudacation case but it got revoke and it went up to a regular probation is there any way to get it back on deffered adjudacation probation

  • Steph

    I received deferred adjudication for an MIP in Austin in 1999. I just checked my Texas criminal records on the TXDPS website, and it is not listed. Where did it go? I never filed to have it removed from my record or anything. I am not complaining, but it makes me feel like I am in an alternate universe.

  • Audrey Micklin

    I received a DA in 2006. This whole situation started when I was 17, they waited to take me to court until well after my 18th birthday. I received a deferred adjudication. It was a stupid juvenille screw up that seems like ti will haunt me. I cant get a job, I cant rent anywhere that is safe to live and have to pay insanely high interests rates or down payments on anything. I am in college for Child Psychology and all of this is really hurting me being able to function. My lawyer told me (court appointed) to take the deal it would all go away after I successfully completed. Please advise of a lawyer in the Fort Worth/ Arlington/ Dallas area. I ha hoped to get this expunged but I really dont know all my options at this point.

    Thank you so much for letting us all know the facts regarding this issue.

  • Patricia

    Hello and thank you your advice is invaluable I recived a DA in 2004 when I was 14 and I have been haunted by it as well. I want to go to school to become a nurse but I dont think I will be allowed to because of this. Dose this effect me in the same way even though I was so young at the time and the school says that they do a full FBI level background check,Will my DA show up on that level background check even if I seal it?
    I talked to a lawyer that said to seal my record would cost 2500 is this reasonable for this type of thing?

  • Kirsty

    I was recently arrested in Dallas for shoplifting. I accidentally stuck something in my purse & didn’t pay attention. I was arrested & charged with theft over $50-500. If I get an attorney what are my odds of fighting it. I purchased other items at that store for $700 but I just was not paying attention. What are my odds of winning the case or should I try to get deffered, but if I do can I get it expunged? Thank you for any advice you can give me, I am very embarrassed and am involved in charities and my husband is a professional. Please advise thanks

  • heather

    I was arrested and charged with Class A in a Drug Free Zone at my high school in May 2005. I was 16. I paid a fine ($250 I think) and never was under any supervision or probation. The DA didn’t even look at the case I am told by the Juv. Dept. The case is now closed at the Juv. Dept. I have a ___school ISD PD case # and a DPS TRN. I want to have that charge expunged so that I can go on with my life and career, and this charge is prohibiting that. I am now 20 yrs. old and will be 21 in September. How can I get this expunged? I live in Indiana now. Please help!

  • VIRIDIANA DELEON

    I M ON PROBATION RIGHT NOW AND I HAVE deferred JUDRIFICATION PROBATION I WILL FINISH IN ONE YEAR AND I WOUL DLIKE TO NOW HOW CAN I GET THAT OFF MY RECORD OR SEALLED IT CAUSE I DONT WANT THAT ON MY RECORD IF U CAN PLZ HELP ME I WOULD APRECIATE IT ALOT THANKS

  • Zandria

    I was on deferred adjudication for a felony drug possession charge from Jan 2006-Jan 2008. I successfully completed the probation and I, like several others, was told that this would be cleared from my record once the probation period was over. I now know the facts behind DA, and I was wondering if I could file the petition for non-disclosure on my own? I have been told by an attorney that it would have to be filed no earlier than 5 years after the probation term has ended, but is there anyway to bypass this? Thank you.

  • Vanessa Ramos-May 24, 2009 10:18 pm

    I’ve been on Deferred Probation for 8 years now. I have 2 More years to go. I am on probation for a drug charge and a kidnapping charge. I DID NOT kidnap a child.. My ex kidnapped a man. Days later my house was raided and they found the drugs. I was taken to jail along with my ex and was charged with both drug and kidnapping charges. I signed 10 years. I feel horrible after just finding out that it will always be on my record. I was told differently even by my probation officer that it will be off my record once i complete probation. All lies if u ask me. I want to be a Nurse but it doesn’t seem like i will be able to do so. I’m in need of some advise if you have the time. What should i do? Thank you.

  • DAVID GUTIERREZ

    I HAVE DEFERRED ADJUDICATION IN MCALLEN TEXAS NEAR EDINBURG TEXAS. COULD YOU REFER ME TO SOMEONE WITH A REASONABLE PRICE. IT HAS BEEN 10 YEARS SINCE MY CASE. I AM FREE OF ALL CONDITIONS. PLEASE GIVE THEM MY EMAIL, YOU HAVE MY PERMISSION.

  • Keith Baisy

    I received Deferred Adjudication in Houston TX (Harris County) in 1993. The case was dismissed same year. However, I have a prospective employer asking me about the offense. I disclosed the offense on the application even though the application said exclude all charges that have been either expunge or dismissed. Can you refer me to someone who handles non disclosures/expugnements in Houston Texas. You have permission to give them my email or phone number.

    Thank you

    Keith Baisy

  • michael

    Im from ohio, I went into a krogers store,and stole a bottle of wine. when i was walking out lost prevention jumped on my back and held me down tell the police came. They charged me with agg robbery.My lawyer said she could get it down to 2nd robbery and give me dferred probation,and it would only show on my record if i didnt complete probation. Now im fresh out and having problems getting a job for stealing wine. Is there anything i can do.

  • michael

    Im from ohio, I went into a krogers store,and stole a bottle of wine. when i was walking out lost prevention jumped on my back and held me down tell the police came. They charged me with agg robbery.My lawyer said she could get it down to 2nd robbery and give me dferred probation,and it would only show on my record if i didnt complete probation. Now im fresh out and having problems getting a job for stealing wine. Is there anything i can do.

  • clinton

    In 1982 I recieved a Felony theft charge in Beaumont,Tx I recieved 5 yrs Deferred Adjudication probation
    I completed 3yrs of the probation and case was dismissed. This was 27 yrs ago.What process should I take to get this cleared and out of my past ?

  • wwbsrk

    I just plead DA to a class a assault charge for a bar fight. Had a really bad lawyer that never told me what was going on. It happened three years ago and just now went to court. GOt fired from my job today for it please tell me what I can do.

  • Kenis Bates

    Thanks

  • ROB

    HEY THERE MR. SPENCER, I HAD A DEFERRED ADJUDICATIION COMPLETED IN 1984 AT 18 yoa, WHILE IN HIGH SCHOOL. IT WAS FOR A CLASS B THEFT. IT HAS HAUNTED ME SINCE THEN IN SOME SITUATIONS. WHO CAN I SEE IN HOUSTON. I BELONG TO HYATT PRE-PAID LEAGLE. BY THE WAY, DO YOU KNOW ANTHING ABOUT THE STATE BILL DEALING WITH THIS? THANKS

  • my son was 17 and commited a felony by stealing from a friend of mine. I did the tough love thing and made the disicion of a lawyers recomendation, which was two years in safe p and 5 years probation on deferred adjutification. I was told only one percent makes it throuh this. well my son Colby did everything ordered. he has completed all of that three years ago and was told after the five years of probation it would be expunged off of his record. Now he is a father of two chidren a husband and was told nothing could be done until five more years has past since his 5 years of probation! It has kept him from getting a job/career. please tell me what we can do to get this “monkey” so to say off of his record. by the way this happend in league city,texas and he was first taken to the harris count jail and then transferred to galveston county then on to safe p. if there is anything or any information you could provide us with please do! thank you sincerely, “momma” send any correspondment to one or both e-mail addresses or please call me at 832-573-0167

  • Lilian

    I got caught shoplifting in 02, in a military store in Texas, I never went to court, but I did fill out paper work and paid a fine I got through the mail(for paper work fees it said) I’ve tried doing a background check on my self to see if is there, but it doesnt come up. My ex husband applied for a CIA job and told me that while they were doing his bck ground check, my incident came up. I dont know if I was just not using a reliable bck ground check company(i used about 7 of them)and that’s why I cant find it on my record. I want to applied for citizenship, I just want to know how to respond to the questions about been convicted, or arrested. I called the place where it happened Kileen TX, in Fort Hood(military base)they have the incident in the police office, but not in the court house. Does that mean I was never convicted? I wasnt really arrested(maybe I was and didnt relize because they were so polite?), I was just taken to a back room so that they could get my info, and I returned what I took(pair of earrings)i just dont know if this is a misdemeanor or an arrest, or what on my record. Im a bit confused because I have read alot about shoplifting, and some webs say that you could have been convicted even if you werent called to go to court,and if you had to pay a fine(which I did pay a fine) How do I run a bck ground check on my self? Is it still on the record since 2002 if it wasnt a convinction and only an arrest?

  • Melinda

    My husband received a deferred ajudication 10 years ago. He was not sentenced to prison but when employers pull his record it says he was convicted of a felony and spent 2 years in prison. What do we do?

  • Darko

    hi, I had a case vs me for agg assault. It was my first offense and I’ve done everything it was asked of me during 2 yr probation. 2 years after probation I still can not even find a decent apartment to move into. I have a baby on the way and everywhere i apply they tell me I have a felony on my record. This was a deferred felony and I am really confused and don’t know where to go for help. I called my old PO they wont help me they told me to call my lawyer. So much for second chance saying! Please if anyone has any suggestions or advice please let me know. Thanks you

  • Marge

    Could you refer me to a attorney in Burleson, TX to obtain a non disclosure for my grandson (thief). He has completed his probation and is in college.

  • Georgette

    Gege – August 26,2009 2:04p.m.

    Hi,I was but on Deferred Adjuication back in 1995 to 1997. And like ever other person that ever took DA. I was also told by my court appointed attorney and probation officer that if I completed my probation successfully, within six months it would not be on my record, because I was not convicted of a felony. What liars! And they aspect use to tell the truth in a court of law. But it’s okay for them to lie. How Ironic. If anyone out there can give me some legal advice or some information it would be greatly apperciated. I live in Houston,Tx Thank You.

  • Dead Broke

    Deferred Adjudication has F’d me to my knees. My life is ruined because I believed the cowboy boot wearing loser of a lawyer I hired (over $10k). Do I sound mad? I AM! I paid restitution, I kissed my PO’s butt and did everything I was asked to do quickly with a big ol’ smile on my face all for the second chance they promised me. DA is a LIE!

  • Meril

    I agreed to a deferred Adjudication over 22 years ago for theft over $22.00 to be exact if was $22.10. This still follows me to this day. I completed the terms of probation and thought that all was well. I recently lost my job with a financial institution because of failure to disclose. I honest thought that I was okay. What can I do? Thanks

  • jesteravrgjoe

    Hello,

  • jan

    An order of non-disclosure is worthless in this age of electronic information. What Texas needs is expunction reform through legislation. Texas promised to dismiss the charges and most of were led to believe this meant no record. Our only hope is that legislation will be passed to allow expunction of these records for those who have successfully completed all the terms of DA. This should apply to all misdeameanors and felonies. Everyone who accepted DA was given the same offer.

  • Clay

    Final documents do NOT accurately reflect this; therefore I still suffer the penalties and disabilities of this “conviction”.
    Can something be done to better reflect on the final records that this conviction was set aside/dismissed over the current reading,”probation terminated”? This does NOT tell anyone why/how!

  • Clay

    Final documents do NOT accurately reflect this; therefore I still suffer the penalties and disabilities of this “conviction”.
    Can something be done to better reflect on the final records that this conviction was set aside/dismissed over the current reading,”probation terminated”? This does NOT tell anyone why/how!

  • april

    I have a Misdemeanor for bad check charge can i get a order for nondisclosure for that. How old does the charge have to be

  • person

    I was charged with a sex crime when I was fifteen years old, (deferred ajudication) I too was told that it would be erased from my record. I’m now 27 and you can’t find it any where on my criminal background. It was a felony charge. I can Vote, I can own a hand gun but I’m shooting for a State License to become a Chemical Dependency Counselor and they do a FBI background search and I’m curious if there is anything I can do about that, if it will show or am I screwed?

  • sinthia perez

    hello, I have a DA for a felony credit card abuse can you refer a laywer in El Paso to help seal my record. Also is there any body that works with us as far as jobs?

  • sinthia perez

    hello, I have a DA for a felony credit card abuse can you refer a laywer in El Paso to help seal my record. Also is there any body that works with us as far as jobs?

  • sin pin

    Hi can you refer a laywer willing to help me seal my records for a felony (credit card abuse)I have a DA but want it sealed. Also is there any companies that would still hire me despite my DA?

  • Ray
  • Rj

    I received one-year probation, about 4 years ago, for assualt bodily injury on a family member. The family member was my father, and my in my case the judge was aware that I was suffering from a mental illness. I am worried that a future employer may discover this past event and refuse to hire me. I did not know that it is possible because of Texas law, to file for a motion for non-disclosure. I haven’t had any problems with the law since then, and feel like I’d be able to go about getting this whole mess taken care of. What is my first step?

  • Marc Reyes

    I completed my deferred prbation, Dou know a good attorney in Dallas,Tx that can help me with Motion for Non-Deisclosure???

    thanks..

  • Bob

    I was given a 10 probation sentence/deferred adjudication in San Marcos for a Class 2 Felony of Indecency w/child. I was also given the option of early release from probation after just 6 years. I took them up on their offer and was released from probation in 2002. My question centers around TWO topics. #1 – does the statement that you speak of:
    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.

    Does this apply to my case?

    and #2:

    How do I get off this bloody Registration List? Gregg Abbott recently added my place of employment to the public information which penalizes anyone who would be willing to employ me.

    I would appreciate any information.

    I have completed each and every requirement they have given to me. I have no other legal marks against me. I had a very incompetent lawyer back in 1993.. But I fought the D.A. in San Marcos for 2 years saying I would go to court with him always saying to the court “not guilty”. The plea came about at the insistance of my lawyer who said that a letter that I wrote to my mother would be read in court in such a way that it would be overwhelmingly looked at as a “smoking gun”…. I gave in to a lesser charge than what they were trying to stick me with, but I AM NOT GUILTY…no matter what happened in court.

  • William

    I was placed on deffered in 1991. I have not been in any trouble since. I am looking into law enforcemt for a new career. Will this prevent me from appling. They say they only go back ten years.

  • Paula

    I am trying to help my fiance with a deferred Ajudication that he completed last year but it is still following him around. He was not fully informed on the details of such a plea and now we just wanna get this handled and done with. We are in Bexar county and I would like to know if it is possible to handle this without an attorney? His charge was misappropriation of funds and he has completed all the terms of his defferal. Can we file the Motion for Non-Disclosure? Thanks for any help you can give us.

  • carolyn

    I recieved deferred in 2004 for forgery
    my lawyer and probation officer said that after finishing my two years of probation it wouldn’t be on my record also that it is not an conviction so when I apply for jobs thats what I put on the application I am a nurses assistant in Houston and every hospital I walk into and apply for work the charge nurse love me and my attitude but every time before training even starts they contact me and say that they are sorry they can’t consider me for the position I even went downtown to get the disposition that says its not a conviction they refuse to even look at it and give me a chance this is killing me at the time of the crime my job at the school district fired me so I went to school for the nurses assistant worked for a small company after no hospital would even look at me because of the lack of clients I was layed off now I’m recieving unemployment which is a week from being finished I’ve been back in the streets up and down to find a job and noone will hire me I used money to pay for a physical therapy aide class I finished that in November and I’m still unemployed when will someone put a stop to this people make mistakes and you do your time and pay back the wrong doing and noone will give you another chance in life the lied to me and I accepted it to get home to be with my kids and know I can’t feed them I looked into the dismissal and they aid you can apply for 250.00 after 5yrs pass what am I to do until then I truely am not a criminal and is constantly reminded of my wrong doings everyday this country say they believe in God we trust but its not the case god forgives and don’t constantly remind you of your sins please whatever info you can let me know about or help with will be greatly appreciated again thank you for this web page it make me feel just a little better to know that its not just me in this situation.

  • carolyn

    Please someone in Texas that can do something about this contact these people sometimes we don’t understand why crime is as high as it is put look into the system and you will see why everyone just keep praying because I’m a firm believer that God want put to make on you that you can’t bare

  • kathy

    I have a question. This is what was written in my sons case and I do not understand the legal workding.
    “Deferred Adjudication of guilt-the court deferred further proceedings without entering a finding of guilt and placed the defendant on community supervision.
    Deferred Adjudication of guilt terminated, defendant charged, case dismissed defendant completed community supervision and a dismissal and discharge may or may not be deemed a conviction (felony or misdameanor) for the purpose of disqualification disabilities imposed by law for conviction of an offense,”
    what exactly does that say….did he or did he not have deferred adjudication.

  • rosa

    My son was charged with a felony 3 when he was in high school,he was sent to juvenile for the weekened.The probation officer and the lawyer had said that it would not affect him in getting a job.I got the tapes from the school and it showed that school personel were lying about what he was being accused.During court our lawyer said that he was innocent and we had evidence, so they put him on community service and his case was dismissed. I would question them at that point why was he doing community service and they would say that was part of the process.He was about to get hired and they said he could never work for the federal government because he got convicted.He never got convicted when we went to court they would say that he was wrongfully accussed and he was dismissed and that it would never affect him and now it’s affecting him.What is it that we are suppose to do.We had evidence and they saw it what happened.Please let me know I know for a fact that school personel was lying was next I’m really concerned about this matter.

  • chad

    Dear sir my name is chad i am hopeing that you might have an answer for me. At age 16 i was placed on probation for agg sex asult. My sentence was 10yrs straight probation. After serving 2 yrs i was pulled back to court and placed on deffered restarting my probation over. So 12 yrs it was complted along with 12 yrs of consuling. I had hired jeff blackburn to see about getting this off of my record or even getting it sealed and paied him upfront all i get is a run around. Here is my question to you why is it that the pepole that do what they are supose to do are still being punished? For example i am the first offender to become an EMT for the state of texas , and have kept it for 7 yrs. I would like to improve my life even more. Have i done every thing i can do to move on. I hope to here back from you soon.

  • Justin Bradford

    What i wanna no is when im on deffered probation and a job runs my background does it show up that i have a felony?

  • Hagen

    My husband was given DA in 1987 and like most, he was told that it would not show up on his record once he completed his probation and other court requirements. My question is this, when filling out forms that ask if you have ever been convicted of a felony, what do you answer? We have had this come up several times in the past, does having DA mean he was “convicted”?

  • Hagen

    My husband was given DA in 1987 and like most, he was told that it would not show up on his record once he completed his probation and other court requirements. My question is this, when filling out forms that ask if you have ever been convicted of a felony, what do you answer? We have had this come up several times in the past, does having DA mean he was “convicted”?

  • J. Wright

    I want to get the Motion of Non-disclosure for deferred adjudication,
    but I want to do it on my own in the courts because of my finacial situation, can you please help me , this is affecting my job status and just to apply for the job I want.

  • rollie

    i got a pi in front of my apartment it really embarrased me i went in and i had an attorney check if it came out in the county or district it didnt i called the municiple court and they told me the judge had differed it that it wouldnt come out in my record well i passed my police academy im gonna turn in my prints do you think it will come out the lady from the municiple court told me it wouldnt come out and the attorney told me he couldnt find it on the county or district could you get back to me asap?

  • George
  • robert shipman

    I was placed on deffered adjudification three years ago in san antonio . How would i go about getting the records sealed.
    Thankyou

  • jacob

    i have a class b mis for possesion of marijuana . if i get a non disclosure for that would i still be able to become a border patrol agent?

  • Bo

    Education and/or licensing for any professional career is becoming almost out of the question for someone with a record. And since most licensing is done by state or federal agencies the non-disclosure is useless.

    I accepted deferred adjudication 17 years ago for a felony charge of burglary of a building. I was 17 years old and the charge should have been a misdemeanor because I had no intent to steal property. I have led a clean life since then, why am I still being treated like a common criminal?!?!?!?!

    I want this record expunged!!!

  • Chris

    In August of 2002 I was placed on deferred adjudication for a class 2 felony and I would like information on how an out of state individual can file for a motion of non-disclosure in Texas. The case was in Collin County Courts and I have since moved to Arizona but would still like to have the record sealed because I am a healthcare worker and my past has reared it’s ugly head unfortunately. I was placed on 3 years of supervised probation, which I successfully completed and was discharged in August of 2005. Thank you for your assistance in this matter.

  • Sky

    I received deferred adjudication back in 2001 for Engaged in Organized Crimes. In April 7, 2011, it should be 5 years since I was discharged from Supervised Probation. Instead of getting a Non-Disclosure, will I be able to get it Expunged? If not, what should I do? Can you give me some advice. Thank You

  • HazelEyes

    Hi, I know that ALOT of us ask the same question who, when, how, and where can help in the same situation that I am in. Allow me to explain “say the icing on the cake”, 15 years ago I was convicted of a felony. Of course, the attorney that I had told me that I have a 5 years supervised probation “deferred adjudication”. For me not to worry that after I would be done with my supervised probation successfully without any trouble it would “not show”. Like ALL here I was wrong, I have not had any kind of trouble. I went back to school done with that I have my licenses. I moved and got a license in that state too. The only problem was not to long ago when I applied for another license. I answered NO to any felony or convictions. BIG mistake I was fined $300.00 for according to them “lying”. Thanks to the company that I work for they understood and told me just take care of it. Call your attorney that you had back then and get it resolve. Well I have been trying to do that for the past 2 weeks. I have not been able to talk to him and he has not return my call. Due to the attorney not returning my calls that just makes it worse. I am trying to resolve this problem and I need to take care of it as soon as possible. It was embarrassing for the company that I work for to find out about it. It happened 15 years ago, done with supervised probation 10 years ago. LOL and I am still dealing with the ghost of the past. I have done everything that I was told to do and I am still with this in my background. I know that I got in trouble but I don’t think that after paying for my crime. I still have to give excuses for something that happened in 1996. Please advice on what I can do and how to do it? I would appreciate your help and would like to thank you for your time. God Bless

  • deangela allen

    i received a deferred adjudication in 06/10/09, they told me after 2 years i would get this dismissed, i do not want the public viewing my information, or for this to pop up on a background check, is there any information you can find out for me for non-disclosure in the state of kansas?

  • Juan Cervantes

    Hello sir, I got a charged with a felony for evading arrest with a motor vehicle at age 17, in 2007. I was given deferred adjudication probation in Harris County. I successfully completed my probation term, how long must I wait to have it expunged?

  • Kevin

    If i get one of the non disclosure things passed would i be able to be a police officer or Firemen?

  • Veronica

    I work for the Government With Joint Command Forces. I was placed on probation for 10 years. I was on DA and was told it would not show up. After a year had past, my supervisor came to me and said I might loose my job because of my background check. I had to fight to keep my job and my two clerences. My question to you is if I apply for a Motion for Non-Disclosure, can the Government still obtain those records?

  • ALP

    Wow! I’m not alone. I’ve read the blog and a few comments that follow. This worries me because I am currently dealing with DA. I was given a plea agreement that is to be completed within a year of signing the agreement. It will be a year in July.
    When I think about all this mess and how it will affect my future it makes me utterly sick to my stomach. Sometimes I feel the whole state of Texas is against me. It’s a soul crushing feeling at times. I am currently going to school to better my life and strive on hopes of one day bettering the lives of people around. It’s difficult to have hope sometimes with the possibility of this ordeal hindering my future.
    What are some procedures I should follow to get this off my record? Any information will be greatly appreciated.

  • Manuel

    Hello i recieved deferred adjudication for burglary of a habitation in waller county nine years ago. Having completed the da almost seven years ago. i filed for a petition for non-disclosure myself in waller county for earlier this month. i was told by a woman in the district clerks office that i wouldnt have to attend the hearing as long as know one objected however i called this friday and was told nothing happend with my motion because i had not appeared. so my question is do i have to get a lawyer? do i have to appear there in person (i live in el paso now). Im very frustrated with the whole system i was lead to belive da was a way for someone to have a second chance but it seems as though every employer treats this as a conviction. It has been very hard for me because since my run in with the law i have become a nurse so u can imagine the hard time im having finding employment with this on my background. Any advice u can give would be greatly appreciated.

  • kerry english

    i am currently on deferred probation.here soon i will go before the judge for hopefully a early termination.will i ever be able to own a firearm or get a respectable job/

  • Nita

    What can I do to change the DA laws?

  • Cat

    When did deferred adjudication start in Texas? I had a situation over 30 years ago and went through something similar to this process; however, I don’t recall it being referred to as this. Whatever it was called, am I correct in assuming that it is still on my records?

  • Stephanie

    So I have a friend that was wondering if he lives in one county in Texas and moves to another county in Texas and is still on probation for his deffer adjudication will it still come up on his background.

  • buddy kniffen

    My son in law was put on DA 17 years ago. he completed all the requirments and has been an outstanding citizen. Every time someone does a background check, something comes up and he has to explain what happened, and that is that. but how can he find out what the criminal background check shows.

  • buddy kniffen

    My son in law was put on DA 17 years ago. he completed all the requirments and has been an outstanding citizen. Every time someone does a background check, something comes up and he has to explain what happened, and that is that. but how can he find out what the criminal background check shows.

  • Dan

    I had a DA back in 87 in Houston. I was told after 5 yrs it could be expunged. Is this still the case and do you know someone I can contact to help with this?

  • JJB

    I found this info out the hard way. When I got my last job, they asked why I only reported one misdemeanor charge when the background check said two. I explained that I had DA. Luckily the HR lady knew about the process for non-disclosure and told me about it. It cost about $1,000 for me in Austin. I used Kevin Bennett. It is a simple process that you can do without a lawyer, but I didn’t have time to mess with it! He took care of everything. Because I live in Dallas, he contacted the judge early, and requested that not be required to be there. They granted the request and didn’t even need to go to the court case. Very good guy!!!!

  • MKM

    I have a Title V felony for which I took DA. As with everyone else I was told it would disappear after I completed the conditions of my probation. That was in 1995, in 2003 a Deputy Sheriff friend punched up my record and said my record was clear. In 2006 I was involved in a custody case and found out that the opposing counsel had a record that showed my DA, I assumed it was just an ability lawyers have. In 2008 a prospective employer notified me that I had a felony conviction on my record. I joined a group that was supposedly lobbying for change, but now I’m unemployed, the group seems defunct and every prospective employer seems to have policies about not hiring anyone with a criminal background. I’d love to get a non-disclosure, but I’ve been told there is nothing I can do with a Title V offense. Is that true? Am I eternally cursed?

  • cd

    I completed probation successfully back before Texas had DA. these days there are questions on every little part time job you apply for that ask have your EVER been convicted of a crime. Is there not way to get DA grandfathered to older cases? Or has Texas done anything about actual expunging?
    I have lost everything in the last few years- home, job, pension possibilities and so on in this horrible recession and am having to look for jobs again at the age of 67. Very exhausting to have to dredge all that up again and again. No other problems in over 40 years, but keep have to talk about this one over and over again. Hard enough to try to find a job of any kind at my age in spite of experience, but to have to battle this too is just too much.

  • Morgan banda

    How much will it cost to expunge a deferred adjudication case i finished for drugs & underage drinking ticket? Mbanda90@yahoo.com

  • melissa mcguire

    how much will that cost to get the motion for non-disclosure and how much would it be to get it expundged?

  • melissa mcguire

    how much will that cost to get the motion for non-disclosure and how much would it be to get it expundged?

  • MSchild

    I have a DA from 2003 for Class B Misdeamenor for theft prop $50

  • KayJ

    As I have read through all of posts regarding DA I too had a case over 10 yrs ago and would like to file a non discloure in Dallas, TX. Any help in getting this done will be most helpful. Cost? Where to start?

  • verysad intx

    Hi I’m a 57 yr old disabled woman n am at my wits end. I was given DA with 8 yrs prob 1,000. Fine for delivery of controlled substance. I have been on it almostt 3 yrs. I was told by my attorney it would show on my record..only as dismissed. I am living with sister since. He said I would be able to get bk on the HUD program once I fulfilled all my requirementa..e.g. fine att pd off so I can get off probation early. My sister wants me to move now but have no where to go except the streets. Please please help me . What can I do?? Thank you I’m near Ingram rd in north San Antonio tx

  • verysad intx

    Hi I’m a 57 yr old disabled woman n am at my wits end. I was given DA with 8 yrs prob 1,000. Fine for delivery of controlled substance. I have been on it almostt 3 yrs. I was told by my attorney it would show on my record..only as dismissed. I am living with sister since. He said I would be able to get bk on the HUD program once I fulfilled all my requirementa..e.g. fine att pd off so I can get off probation early. My sister wants me to move now but have no where to go except the streets. Please please help me . What can I do?? Thank you I’m near Ingram rd in north San Antonio tx

  • chris

    YOU DON’T NECESSARILY NEED A LAWYER.

    I filed my own petition for two felonies in Tarrant county. (I can not speak for misdemeanors).

    What you need is half a brain, google, and the ability to edit a Word document. Download the petition online. It is a Microsoft Word document and if I recall correctly, the instructions for filling it out are included in the document. You also need to download and carefully read a document titled ‘Orders of Nondisclosure Overview’. You must make sure that your felonies qualify for nondisclosure, otherwise you are wasting your time. The disqualifying felonies are clearly listed in the above documents. Go to the records office and get a copy of your deferred adjudication AND a copy of the release of that deferred adjudication, to submit with the petition. It’s not required, but you want to make it as simple as possible for the state. Read the overview and the instructions THOROUGHLY before beginning. Then edit the Word document by replacing the blanks with your own information. Each blank is numbered and refers to that number in the instructions. Be meticulous. make sure the dates are correct. It’s not rocket science or legalspeak. It will make sense if you are paying attention. The overview says sign it. SIGN IT. It does not have to be notarized.

    To find out what numerical part of the penal code represents your felony, google it. You will have to enter that part of the penal code on the form, to reiterate that it is not one of the disqualifying crimes.

    If you were charged with any other crimes while on deferred adjudication probation, you are a dummy, and probably will not get an order of nondisclosure.

    Good luck.

    I AM NOT A LAWYER.

  • katty


    Be careful here. Nobody can help you here or even
    suggest how you can get financial help. Any answer of a
    loan lender to your question, you MUST ignore, because
    they are SCAMS…real SCAMS…i was a victim of which i
    was ripped thousands of dollars…well thank God for a
    Christian sister who referred me to a loan organization
    formed by Christian Women Cooperative Fastloan
    Organization.(C.W.C.F.O). They made my life a valuable
    one and gave it a meaning. When the sister gave me
    their
    contact, I contacted them. Then I requested for a loan
    with
    all the necessary evidence to prove that I actually need a
    loan, they approved a loan of $30,000.00 USD and in 48
    hours after meeting up to their necessary requirements,
    Lindaparkerloancompany@gmail.com

  • katty


    Be careful here. Nobody can help you here or even
    suggest how you can get financial help. Any answer of a
    loan lender to your question, you MUST ignore, because
    they are SCAMS…real SCAMS…i was a victim of which i
    was ripped thousands of dollars…well thank God for a
    Christian sister who referred me to a loan organization
    formed by Christian Women Cooperative Fastloan
    Organization.(C.W.C.F.O). They made my life a valuable
    one and gave it a meaning. When the sister gave me
    their
    contact, I contacted them. Then I requested for a loan
    with
    all the necessary evidence to prove that I actually need a
    loan, they approved a loan of $30,000.00 USD and in 48
    hours after meeting up to their necessary requirements,
    Lindaparkerloancompany@gmail.com

  • Dennis Underwood

    I got a pi charge and am wondering the best way to approach this. Should I go to trial and try to get a non-guilty verdict or just go for a deferred adjudication. Also If i go to trial can I still get a deferred adjudication. I am unemployed and trying to find work and am really concerned about this. I have never been in trouble before except for a DUI 25 years ago. No problems since then. This happened in Texas and I was inside a sports bar. Also curious is the cost the same if I do either or is one option cheaper.Also how long for expungement to take place ? Being unemployed this is also a concern of mine in coming up with the money.

  • Just Another Person

    Back in April 2014 I destroyed some light fixtures, pled guilty, and signed a criminal tresspass. The owners stated that they didn’t want to press charges, just keep me of their property. In August 2014 I received a warrant for my arrest. The state picked up my “case” and gave me 4yrs probation. If no charges were wanted to be pressed and I already pled guilty to the crime why was it picked up a second time. is that double jeopardy? Please E-Mail me as soon as possible.

  • I successfully completed 3 years of deferred adjudication for assault, a felony, in Terrant County.
    Can this be sealed now?
    What will it cost?
    Thank you very much.

  • Veronica

    Hello my daughter was charged in a aggravated armed robbery at the age of 17 along with my 16 year old sister and two other young girls they were basically guilty by association the two guys they were riding in the car with went into a home and robbed two guys without their knowledge until after the fact. My daughter was put on defered adjudication for 5 years under the condition of completeing community service, finishing high school , some classes and paying her fines, she has almost completed everything 6 more hours of a class left paid everything ,but is really having a hard time finding a job because of her record she is 22 and feels helpless I don’t know how to help her. Can she get this expunged off her record what can we do? She is currently in beauty college will graduate in April she made a dumb mistake as kids do but when she applys for jobs she is looked at as a thief a criminal but she not. What can we do?? Please some advice. Thank you

  • Farland Lyons

    I was was put on deferred adjudicated felony probation but completed it 4yrs got off 1/15 can I own a gun,& also how do I file a motion for non disclosure.

  • eric

    I am going to nursing school going to have to do a fingerprint FBI background check I have nothing as an adult but as a minor I do which show up

  • Guillermo garza

    I am 18 years old, I still go to high school and I got a dwi while the effects of marijuana. I also got charges for possession of marijuana (5 grams) is there any way I can get this of my record?

  • jeff

    To whom it may concern, to all the people that were placed on deferred adjudicate probation aswell as family, friends and concerned citizens should write your texas state senator and congressman to change laws on this to once you complete your probation it automatically seal your record. Also that after 10 years you can file to have it expunged off your record with out a governor pardon. Only with numbers will we the deferred adjudicate sector get laws changed to help us. Also no matter what the charge if you were placed on deferred adjudicate probation you should have the right to seal the record. It easy to write your rep now. By email. Most of our rep. Have email set up at there online sites. This matter goes for the person put on deferred adjudicate. And family,friends and concerned citizens to write in for reforms to the current system.

  • Veronica

    I need help and some direction! My daughter was charged with aggravated armed robbery at the age of 17 she is now 23 it she was basically charged with being guilty by association it was her boyfriend that was on a crime spree and she happened to be in the car when he age 28 and his friends 39 went in a home and robbed a drug dealer.. She has never been in trouble before just got caught up with the wrong crowd.. She was put on 5 years deferred adjudication.. Since then she has completed all her requirements and got her high school diploma and graduated from beauty College she is now married to a us soldier in the army and had turned her life completely around, she has tried many many times to find a job and no one will hire her because of the felony and the type of felony aggrivated armed robbery. In four months she will have completed to 5 years of probation.. What can we do to get this off her record or I also have heard of non disclosure please we need help.. My daughter has learned from her MISTSAKES , but she can’t move on with her life.. We live in Texas El Paso Texas and this had taken place in Coryell county.. Please if anyone can help us contact me at envernie55@yahoo.com

  • nathan

    I’m hoping I can get a little help here. I received deferred adjudication for misdemeanor possession of marijuana when I was 19. I am 36 and about to graduate from college with a BA in Sociology in the summer. I’m trying to figure out my next move, which entails finding a career job and then go to grad school for a Master’s in Counseling. The question that I would like to get help with is; will that deferred adjudication disqualify me from obtaining a teacher’s certification in the state of Texas. If anyone has any information that will be helpful to my cause please contact me at 4evaphloen@gmail.com.

  • Jorge

    I was charged for Theft Over $50 under $500 Enhanced. I am being given the opportunity of Deferred Probation. Can I apply for Non-Disclosure and if granted, who will be able to see my record/case and who will not?

  • jim

    received deferred adjudication for shoplifting and resisting arrest 14 years ago is there anything I can do. I can’t even rent allot of apartments and am looking to move while i save up for a house.non disclosure be something i would be able to get and would it help.

  • mrN

    I received a deferred adjunction and would like to get more information on the non disclosure or even getting my record expunged. I live in Conroe, TX and would like to get in contact with a good lawyer on this matter. I would be willing to travel into Houston if necessary.

    Thank You,
    MrN

  • KGT

    What happens once you have completed a deferred adjudication and applied for a Motion for Non-Disclosure and want to apply for a job in law enforcement or with the state of Texas? They will be doing an extensive background check. Will they be able to view the sealed records?

  • KGT

    The requirements for law enforcement employment are never having been ‘CONVICTED’ of a felony or anything above a class C misdemeanor. I am trying to help a young man who has a class B misdemeanor and wants to get a bachelors degree in wildlife management and work for the state of Texas. Don’t want him to go any farther if he will be disqualified.

  • linda ott

    i was wrongly convicted of shoplifting when i was young and it was really my friend that did it,i was cleared after 2 years but the record was never changed or removed,this affected me when i was to go to college and even get a part time job,once a background check is carried out wherever i worked i ended up losing any well paying job till i friend from work introduced me to a group of ethical elite hackers who helped get all my records removed from everywhere they ever existed and till date those records are never hunting me again ,i suggest u contact eliterealhack(((at)))gmail(((dot)))com and thank me later.

  • Dawn H.

    Pre-hire background check found 1988 deferred adjudication case. Had to write statement of acct n they are investigating n will get back in 2 (two) days. Shud I ctc atty and/or retain another to get motion to remove data? Or is it too late to do anything?

    Thx.
    Dawn H

  • Dawn H.

    Pre-hire background check found 1988 deferred adjudication case. Had to write statement of acct n they are investigating n will get back in 2 (two) days. Shud I ctc atty and/or retain another to get motion to remove data? Or is it too late to do anything?

    Thx.
    Dawn H

  • Dawn H.

    Pre-hire background check found 1988 deferred adjudication case. Had to write statement of acct n they are investigating n will get back in 2 (two) days. Shud I ctc atty and/or retain another to get motion to remove data? Or is it too late to do anything?

    Thx.
    Dawn H