Legal Question in Criminal Law in Texas

At 19 my son received probation on an assult with a deadly weapon charge. I felt the whole truth did not come out. and I felt his lawyer did not do anything for him. My son said he did not have a weapon, but his lawyer said it was his word against the other guy. I think my son received deferred judication . He had character reference letters and no previous record. Money was paid for Dr. bills for the other person and my son completed all probation requirements. He is now 25 years old.

This one fight with another guy had large consequences. Job hunting is very difficult. My question is : On Job applications ? Since he completed his probation and deferred judication . What can he answer on a job applications?

Is there a way to get this charge removed from his record? Or What can he do to make the best situation out of this?


Asked on 10/27/09, 10:47 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

If the deferred adjudication was succussfully completed, you son can file a petition for nondisclosure. He must wait for 5 years after successfully completing the deferred adjudication Five years is the statute of limitations for felonies. If granted, the court will order that the charge and fact of arrest be removed from all records except for the court, law enforcement and certain records specified in the statute. This should help with his employment search. If deferred was granted, he was not convicted.

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Answered on 11/02/09, 12:13 am


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