Legal Question in Criminal Law in Texas
I am on 5 years felony probation for engaging in criminal activity which I never should have been charged with but thats beside the point. I have been on for 3 years and was wondering how long do I have to wait before I can get this cleared off of my record. I want to be an RN and I can't with the felony on my record.
2 Answers from Attorneys
You cannot get felony probation cleared from your records. If your probation is a deferred adjudication type of probation, you may be able to get it sealed through a petition for non-disclosure, but there is a waiting period of 5 years after completion of your deferred. Even if you are successful, it is likely the Texas Board of Nursing will still be able to see it.
If you are on straight probation, there is nothing you can really do to try and clear your record other than try to get a pardon from the governor.
If you have a conviction, you cannot have it expunged or non-disclosed.
If you have probation (now called community supervision) that is part of a deferred adjudication, that cannot be expunged, but it can be non-disclosed.
For the latter, there is a five year waiting period AFTER the probation is successfully completed. Also, you need to talk to an attorney because there are exceptions and restrictions on a non-disclosure.
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