Legal Question in Criminal Law in Texas

My 26 year old son had two felonies when he was 17 and got 8 years probabtion with deferred Adjudication. He has done all of his probation and paid all of his fees. Do we need a lawyer to get it off his record? And also he has a pistol and says he can have it since he is through with everything. Please help me?


Asked on 4/07/11, 11:19 am

2 Answers from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

You wont be able to get it "off his record," but you may be able to seal his record through a petition for non-disclosure. I would suggest contacting an attorney about his eligibility.

Read more
Answered on 4/07/11, 11:35 am
Cynthia Henley Cynthia Henley, Lawyer

I agree with Mr. Tuthill. It depends on the type of felonies as to whether he is eligible. Also, he must be off of the probation for at least 5 years before applying.

As far as the gun possession is concerned, he may be able to legally possess a gun DEPENDING on the wording of the dismissal of his case following the probation but he cannot simply carry it around - that is a class A misdemeanor. Without having a lawyer personally review his case, he should not carry a gun because he could be in violation of federal law. He sounds like he just wants to play with fire and his freedom.

Read more
Answered on 4/07/11, 1:24 pm


Related Questions & Answers

More Criminal Law questions and answers in Texas