Legal Question in Criminal Law in Texas

Obtaining Drugs By Fraud

I have been indited and am awaiting trial. My attorney says he is going for deferred ajudification. What does this intail? I am planning on moving out of state, obviously awaiting this to be over, but can probation or deferred adj. be transferred to another state? I have also heard it will not be on your record if you get deferred adj., but the arrest is, right? Will it ever go away? I may end up in a custody battle for my daughters, what will this charge do to my chances of getting custody? Do I risk loosing them? Thanks for your help. My attorney is busy and I never feel he listens to me.


Asked on 5/09/07, 3:12 pm

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

Re: Obtaining Drugs By Fraud

I think you mean deferred adjudication.

Deferred adjudication is just like probation with a few differences.

1. there is no underlying sentence, such as 29 days in jail probated over 180 days.

2. If you sucessfully complete deferred adjudication, there will be no conviction on your record.

3. The fact of arrest and the fact you received deferred adjuducication will always be on your the records of the court and law enforcement connected agencies such as the FBI as well as certain other agencies such as hospitals.

However upon sucessful completion of the deferred adjudication, you can hire an attorney to petition the court for non-disclosure. If this is granted, there will be no record of the offense, the charge, the arrest or the fact that you received deferred on records released to services that Human Resources Departments tend to use for criminal record checks.

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Answered on 5/10/07, 1:48 pm


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