Legal Question in Criminal Law in Texas

I had a class A Misdemeanor assult charge against back on 3/24/1998 which I plead guilty to on 10/20/1998 and was sentenced to 1 year probation and a $300 fine. The judgment was to be deffered, but it is still showing up on my record. I called the courthouse and was told that i would have to get an attorney to have it removed from my record. Does that sound right? I thought the whole purpose of getting it deffered was to keep it off my record. Is this something I can do myself?


Asked on 3/29/10, 12:13 pm

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

Many people make the mistake of thinking a deferred won't show up on their record. The benefit of a deferred is that if it is successfully completed, there is no conviction. The arrest and the deferred probation will show up on a background check.

You can never remove it from your record, but you may be able to seal it from most private entities by filing a petition for non-disclosure. If you are eligible, you can try to do this yourself. I would suggest consulting with a local lawyer.

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Answered on 4/03/10, 1:31 pm


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