Legal Question in Criminal Law in Texas

Re: Expunction

You cannot get excpunction for a deferred adjudication, unless you have a pardon from the governor.

However, depending on the offense, you may be able to get an order of non-disclosure which is almost as good. The difference is that unlike expunction, there will be records regarding the deferred adjudication with law enforcement and with the courts and various state agencies, and some concerns such as a school or a transportation company or hospital. However nothing will be released to the public. So when you apply for a job at with most private companies, the deferred should not come up on a backround check.

You need to determine if you are eligible to petition for non-disclosure. For felonies you need to wait 5 years after discharge and dismissal.

You are going to need a lawyer to help you with this. First you need to ask him if you are eligible. Bring your records so he can find out if you are eligible.

Another option would be to call your local District Attorney's office and ask to speak to the DA in charge of non-disclosure petitions. Tell him you would like to know which felony offenses are not eligible for non disclosure before you go to the expense of hiring a lawyer.

Or go to a law library and look at section 411.081 of the government code.

Good Luck