Legal Question in Criminal Law in Texas

You cannot have either removed from your record but deferred can be sealed after you complete the probation while a final conviction cannot. Make sure that you are on strict compliance with all the terms of your probation especially if you cannot pay. If they file to revoke your probation and you raise the issue of inability to pay then the burden shifts back to the state to prove by a preponderance of the evidence that you could have paid.

First let me say, you should not be taking legal advice from your probation officer.

If a person receives jail time as punishment for an offense, the offense will be on their criminal record as a conviction. A conviction cannot be removed from your record.

There are two tools that are used to clear criminal records. I have listed the two tools, an explanation of each and qualifications for each below:

An expungement is the removal of any and all records or references to a criminal arrest, charge or prosecution.You can only get an expungement in Texas if your case was dismissed, you were found not guilty, or an indictment was not executed. Also,The statute of limitations has to have run.

A petition for non-disclosure seals the criminal arrest, charge or prosecution from the public, but it is still accessible to law enforcement agencies and certain licensing agencies. You are eligible for a petition for non-disclosure if you received deferred adjudication probation and successfully completed it. The statute of limitations has to have run. If it is a felony you must be off of probation for 5 years before applying. Also, the offense charged cannot be one of the cases prohibited from non-disclosure such as murder, DWI, or sex assault.

There are several other factors to be considered when determining qualifications.

I suggest you contact an attorney immediately.