Legal Question in Criminal Law in Texas

I was arrested for Assault Married over 11 years ago, and sice I had no money to hire my own atty I had a court appointed attorney that asked for deferred adjudication and I completed the courses, paid the fine, and did the community service as well as showed up for every visit I was told to. Since then I have had to pass up on jobs that were government related because of this. The only thing that does show up on my record is the arrest and I would like to know if that is something I can get expunged. I know I have more on my record from my past of making mistakes and dumb decisions (non of them felony's) and none of those stopped me from serving in the military. I am not running away from my actions from 11 years ago, but it does limit what I can do for my kids as far as upward mobility at my job.

I made a mistake that cannot be undone, but how long does one person have to carry the cross for a mistake? I look at these guys that get busted 3 times for DUI or selling drugs or whatever and it never affects them, and what they did could very well kill someone and what I did pales in comparison.


Asked on 10/22/09, 7:42 pm

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

This cannot be expunged. Expunctions normally only take place for cases which are dismissed, or where an individual is found not guilty by a jury.

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Answered on 10/27/09, 8:34 pm
Keith Engelke Law Office of S. Keith Engelke

While you may not be able to have your record expunged, if you sucessfully completed your deferred adjudication, you are eligible to file a petition for nondisclosure. If you obtain an order of nondisclosure, the offense should not appear on most databases. However the fact of the arrest and the deferred adjudication will be available to the court, to law enforcement and to limited list of governent and government related agencies. However it should not appear on normal backround checks.

If the offense was pardoned, it could be expunged. However, I am not sure an offense could be pardoned where deferred adjudication was granted since there was no finding of guilt.

Good Luck!

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Answered on 10/28/09, 1:00 am


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