Legal Question in Criminal Law in Texas

I was arrested in Dallas County, Texas on a misdemeanor shoplifting charge. My (court appointed) attorney spoke with me for about 5 minutes just prior to us walking into the court room.

The way that I understood things were supposed to happen was:

1. I receive 6 month probation

2. Pay restitution, fines, court fees, etc. by a specified date

3. Court would adjudicate a final disposition of "No Finding of Guilt" on my case

It was explained to me that it was like deferred adjudication on a traffic violation, and that a background check would show the disposition of my case as "NFOG"

I have searched up my records and I have court records on file for 2 dispositions. The first shows a plea of No Contest (equating to Guilty), sentence to include probation and restitution, and that I completed all requirements successfully. The second (labeled "Final Disposition") shows no information regarding probation, restitution, sentencing, plea entry, etc. but shows "NFOG" as disposition of my case.

Is there any way to have the initial disposition removed/expunged from the records, or at least have it sealed in some way so that the only thing a background check shows is the NFOG disposition?

Thank You.


Asked on 7/22/10, 5:07 am

1 Answer from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

If you successfully completed a Deferred, you should be eligible to file a petition for non-disclosure. This basically seals the record from most private entities (like employers, apt complexes, etc.).

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Answered on 7/22/10, 8:39 am


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