Legal Question in Criminal Law in Texas

Feb 2007 I was charges with credit card abuse / theft; which was a one year state jail felony in Texas. We hired an attorney and was fighting it, but after 7 courts dates, and 6500.00 in attorney fee's he was wanting another 2500.00 that I did not have. So I pleaded the charge out with the prosecutor. I received differed adjudication; 2 yrs probation, 160 hr community service and 500.00 fine. On Sept 26, 2009 I had completed all the above and was given a paper stating that I had completed and was released from my obligation. It also states that I have NOT been convicted of a crime. I am now trying to get a state lic thru the Texas Board of Insurance as an agent, and the application ask if I ever had def adj for a felony; which I know I have to state YES. I was told by my previous attorney that 2 yrs after the date I was released from probation that I could have my record sponged. If I wait until Sept 2011 and have it sponged, can I then state "NO" on that question? I have heard if I put YES on that question that they will probably turn me dwn for my license.


Asked on 11/09/10, 1:28 pm

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

Your lawyer gave you bad information. You cannot expunge the deferred probation. You will likely be eligible to file a petition for non-disclosure which will seal your record from most private entities, but it will not prevent licensing agencies from seeing it. Also, on a felony, there is a 5 year waiting period to file a non-disclosure.

Read more
Answered on 11/14/10, 1:37 pm


Related Questions & Answers

More Criminal Law questions and answers in Texas