Legal Question in Criminal Law in Texas

In late 2002, I was arrested and charged with a Class A misdaminor called "Public Lewdness." I was working as an entertainer at a strip club. An undercover sting operation came in one night and one of the undercover officers bought a table dance from me. I broke the "three-foot" rule and got a little too close. The police came in later that night and arrested me and took me to county jail. This was in Corpus Christi, TX in Nueces County.(I am in VA now.) I got relased on $500 bond and went home. I came back about two months later and met with the DA or one of his or her assistants. I went ahead and plead no contest so that I wouldn't have to go through a trial. I was sentenced to 6 months ADJ PROB, 25 hours CS, and Fines and restitution fees. On my file, it lists all of the events, entry by entry. The last entry looks like this:

0010- ORDER OF DISMISSAL PURSUANT TO ART 42.12 SEC5 (06/21/2004)

I paid all of my fines, did my community service, and now it is on my record. My questions are:

1.) What does this last entry mean?

2.) Is this certain crime considered one of "moral turpitude?"

The reason I ask, I am a college student and I am looking into becoming a teacher. The only thing that is holding me back from getting licenced is this. It states that I will be turned down if I was convincted of a crime involving "moral turpitude." Please help!

Thank you.


Asked on 1/06/10, 11:01 am

1 Answer from Attorneys
Pat Montgomery Board Certified in Criminal Law by the Texas Board of Legal Specialization

I do not think your case involves "moral turpitude."

"Moral turpitude" involves crimes that are inherently wrong, such as theft, assault, vandalism, etc. They are crimes that people would agree are wrong regardless of whether they're against the law. For example, everyone knows murder is wrong, we don't need a law to tell us that.

There is a difference of opinion among the state regarding whether prostitution is a crime of turpitude, Some say it is, some say it isn't. Maybe the same difference of opinion would apply to Public Lewdness.

If you successfully completed Deferred Adjudication, you're eligible to apply to have the record sealed so that the public will not have access to it. Any governmental agency may still be able to access the record.

If you think that the only reason that you took the probation was a serious violation of your constitutional rights, You may apply for habeas corpus, asking that the case be set aside. This is expensive and a long shot, but if won may result in your ability to expunge your record.

Hope this helps.

Pat Montgomery

www DOT PatMontgomery DOT com

Hope this helps.

Read more
Answered on 1/11/10, 2:17 pm


Related Questions & Answers

More Criminal Law questions and answers in Texas