Legal Question in Criminal Law in Texas

How can a felony adjudicated probation case be dismissed?


Asked on 9/21/11, 5:58 am

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Since the judge issued a sentence of deferred adjudication, I don't think the case can be dismissed. However, successful completion of deferred adjudication probation, for most offenses, entitles you to nondisclosure. You will need to hire an attorney to help you through this process.

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Answered on 9/21/11, 6:58 am
Cynthia Henley Cynthia Henley, Lawyer

The case cannot be dismissed. By accepting a deferred adjudication, the defendant either pled guilty or no contest and accepted a punishment. The defendant is not found guilty but is placed on deferred and if successful on the deferred, at the end of the probationary period the judge will "dismiss" the case. It is very misleading because the case is not actually dismissed in the sense that it can be removed from the record via expunction.

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Answered on 9/21/11, 3:50 pm


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