Legal Question in Criminal Law in Texas

I live in the great state of Texas. 35 years ago when I was 18 I was out drinking and got into some stupid trouble. To make a long story short a friend and I was charged with a felony of theft. I don't remember if we pleaded guilty or went the deferred ajudacation route. Either way we received 5 years probation. I served out my probation successfully and at the time the way it was explained to me is after I served the probation my record would be cleared as if it never happened. I was able to pass a background check for a large corp. and worked for them for approx. 20 years. Approx. 5 yrs. ago I left that organization and opened up a business of my own. The current economy caused me to close and file bankruptcy. I am currently looking for another job. I applied for the US Census Dept. My application got caught up in their background check. They sent me a form asking me to either get finger prints to dispute the charges on my record or get documents from the court. I did go get documents from the court showing that I had successfully completed the probation period and the guilty verdict had been set aside and my full civil rights had been completely restored. My question is, I am in the process of going through a insurance adjusters course for the state of Texas. One of the requirements is that you not have had a felony. Like I mentioned earlier I was under the beleive that once I completed my probation sucessfully, my record would be wiped clear of this charge. The clerk in the district clerk office said that exspongement was not automatic. She said I had to get a lawyer to file a suit asking the court to have the charge exsponged. I asked a local lawyer and he said if I served any probation then you can't get it exsponged. Do I have any options to get my record cleared. Am I wrong to answer no to felony charges on any application now? As for the State of Texas, since I successfully completed my probation would this make me eligible to work as an insurance adjuster? Thank you for your assistance. David


Asked on 3/30/10, 1:31 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Depends on the question. If you successfully completed deferred adjudication probation, you have no felony conviction.. However if the question asks whether you received deferred, you did and the answer must be yes.

Grants of deferred adjudication cannot be expunged. Only acquittals, dismissals and pardons (of convictions) can be expunged.

However if you successfully completed deferred adjudication probation, you are probably eligible to file a motion for nondisclosure of criminal records with the convicting court. That is the good news.

The bad news is that an order of nondisclosure will not completely erase the arrest and disposition of your case from your criminal record. Law enforcement and the courts will be able to find out about it. Also certain state agencies can find out. This includes the Texas Department of Licensing and Regulation. However, an order of nondisclosure should keep the fact of your arrest and case disposition from private agencies like backround check.com

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Answered on 4/04/10, 8:39 pm


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