Legal Question in Criminal Law in Texas
Can a person receiving deferred adjudication for a felony of theft get there rec
Can a person whom received deferred adjudication and was released on early termination due to a felony of theft? My lawyer gave me misleading information that this would never show up on my record, yet now I find out that it does. My lawyer worked for a firm and when I tried to contact him for my early termination I find out that he was fired and possibly disbared. He can no longer practice in Texas. He was stealing from the law office and my case was one of those that he just wanted my money. What can I do, what are my rights? I hired a unethical lawyer without knowing it and now I fear when I graduate from college I will be unable to get a successful job due to this misleading.
2 Answers from Attorneys
Re: Can a person receiving deferred adjudication for a felony of theft get there
Are you still on probation? With a felony, you may be on probation for several years. If you are still on probation, the conviction will appear in your records until you successfully complete your probation.
Re: Can a person receiving deferred adjudication for a felony of theft get there
My understanding is that you were early terminated and have successfully completed deferred adjudication probation. Unfortunately, you cannot get this expunged. The rules for expunction require that you were never on probation. You must have been acquitted, the charges dropped, or been pardoned to get expunction. The good news is that if any potential employer asks whether you have ever been convicted, the answer is "no." Successful completion of deferred means that you were never convicted of the crime. However, the district attorney and the military can still see on the computer that you were charged and received deferred. Therefore, your record will never be totally "clean," but most employers will only ask about convictions, not probation. I always explain the pros and cons of deferred to my clients and tell them that if they ever get in trouble again, the district attorney will know about the deferred case when negotiating punishment the next time.
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