Legal Question in Criminal Law in Texas

I was given deferred adjudicated on a aggravated sexual assault of a child due to the age of the child not because of the incident itself my lawyer went to jail before the case was resolved and he told me because it was deferred it would be taken off my record when I finished my probation. The lawyer that took over the case did not want to be bothered with it and did not follow up on what my first lawyer had told me, can I get this off my record somehow. I have been laid off from work and this case is making it impossible to get back to work. I worked on my last job for 10 years and have had no trouble since this offense. I am Mike


Asked on 9/10/15, 1:31 pm

1 Answer from Attorneys
Wes Ball Wes Ball Law

A deferred adjudication probation for the offense of aggravated sexual assault of a child is not eligible for either an expunction or an order of non-disclosure under Texas law. One the deferred probation is successfully completed, the indictment is dismissed and there is not a record of a felony conviction. However, there is still a record that you were charged and placed on probation. That record is permanent. This should have been explained to you at the time you entered the plea if in fact this was the result of a plea agreement. I can only conclude that the explanation provided by your attorney was not accurate, or you misunderstood his explanation.

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Answered on 9/10/15, 4:07 pm


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