Legal Question in Criminal Law in Texas

if you were convicted of a felony and received deferred deferred adjudicated probation which was completed in 2003, when a document asks if you were convicted of a felony how do you answer


Asked on 11/08/14, 8:40 am

1 Answer from Attorneys

Michelle Scopellite Goldstein & Scopellite, PC

It depends, and you should be asking your criminal attorney this question, but hypothetically, as I know nothing about your case, if you pled "guilty" on you plea documents and received deferred,

the deferred could still be a conviction, unless you obtained an agreement from the prosecutor that after the deferral the court would enter an order dismissing your case, and then, the court would actually have to have entered an order of dismissal in your case, dismissing your case.

In immigration law, the answer, either way, is, Yes, it is a conviction. Even if the court granted deferred and an order of dismissal was entered.

A qualified criminal attorney, if the case was handled properly and the Judge ordered a dismissed, may be able to expunge the arrest and case records. But until then, there will be a record, and the person asking will be able to find the record, so if you don't let an attorney investigate what it is that you do have and if you don't state it accurately, you could be disqualified from what you are seeking.

We have law offices in Dallas, Texas and Tucson, Arizona.

Goldstein & Scopellite, PC

www.LawyersDallas.com and www.Lawyers-Tucson.com

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Answered on 11/10/14, 2:37 am


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