Legal Question in Criminal Law in Texas

From TEXAS

I have been arrested for a minor

theft in Austin couple years ago and

hired an attorney to either help

dismiss the case. He gave me papers

that titled ''deferred prosecution'' and

another sheet named ''motion to

dismiss''to sign at court. And

recently I requested my FBI records,

and it still stated THEFT under my

name. What exactly does deferred

prosecution do to help your case? If

it was not supposed to take off the

theft what would have been the

correct way to solve this problem?

Finally does espunging help clear

your FBI records?

Thank you


Asked on 10/23/08, 5:26 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: From TEXAS

First, an expunction would clear all of your records, but may not be available to you. An order of non-disclosure would clear your records from lay persons, but not law enforcement. If you had deferred on a misdemeanor theft, then you may be eligible for a non-disclosure.

Completing deferred is preferable, as you have NO conviction for the offense. If questioned about a conviction, your answer would be no. The arrest remains on your record unless you qualify for expunction or non-disclosure.

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Answered on 10/24/08, 2:09 pm


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