Legal Question in Criminal Law in Texas
if i was charged with a crime and i completed deferred adjudicated probation have i been convicted of the crime?
2 Answers from Attorneys
No. Adjudication (finding) of guilt was deferred until the probation was completed. Because probation was completed, you were never adjudicated guilty - you have never been found guilty.
If this was a misdemeanor, you can probably move to seal the record immediately. If it was a felony, you can probably move to seal the record 5 years after you completed the probation. You should consult with a lawyer about whether your offense qualifies.
Deferred adjudication probation is a type of probation in which guilt is deferred if the probation is completed successfully. If the probation is completed successfully the defendant can honestly say that he/she has never been found guilty of that offense. However, there will still be record of the arrest. Therefore, if asked whether or not arrested for the offense, the answer to that question is yes.
In order to not have the arrest show up, the defendant can seek a petition for non-disclosure for certain types of offenses. There are some offenses for which a petition for non-disclosure doesn't apply. Those offenses include, but are not limited to murder, sex offenses, DWI, and family violence.
Most misdemeanors are eligible for petition for non-disclosure as soon as the statute of limitations runs out on the offense. For most misdemeanors that is usually 2 years after the date of the offense.
For felonies the defendant must be off probation for five years and the statute of limitations must have run.
The best thing to do is to consult with an attorney to determine whether or not a person is eligible. This should be done as soon as possible because it could take anywhere from 30 to 60 days for the entire process. That time doesn't start running until the petition is filed.
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