Legal Question in Wills and Trusts in Texas

Can a conviction date in a Justice of the Peace Court be changed (in regards to a traffic violation)?

History: I received a speeding ticket and a FTMFR ticket in December of 2003. In December of 2005 I filed bankruptcy. At that time I was advised by my BK attorney to submit those two [above mentioned] tickets for discharge as well (I had not paid them, obviously). I did, and was granted a discharge on all submitted in my BK. I thought the tickets were done with. In January 2009 I went to renew my license and was declined due to an outstanding balance on the above mentioned tickets. I was surprised, confused and eventually informed that tickets cannot be submitted in BK's (and then I was angry at my incompetent attorney). So in Febuary of 2009 I paid them off. I thought I was done with them, FINALLY, until yesterday when I checked the mail only to find out that my license will be suspended if I do not submit SR-22 insurance w/in 21 days and maintain it for 2 years (expensive) and pay an annual surcharge of $260 for the next 3 years. The DPS is informing me that I can go before the JP judge and request the conviction date to be changed to December 2005 (the date of my BK when I thought it was discharged) which would clear me of the required SR-22 insurance and leave me only with the annual surcharge - thus, saving me alot of money. The JP clerk is informing me that they cannot do that (initially she said because it would be too much paperwork). So can the judge, or can't he? It's the ticket that just won't die.


Asked on 1/12/10, 9:46 am

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

You need to discuss this with your Bankruptcy Attorney as well as a criminal defense attorney. . Generally fines and penalties cannot be discharged in bankruptcy. However it appears that these tickets were discharged in bankruptcy. Normally if a debt is improperly discharged as it appears these tickes were, then the creditor should have filed a proceeding in Bankruptcy Court to contest the discharge.

I do not think a bankruptcy discharge can remove a conviction. I'm not sure why you need An SR-22 but DPS can impose civil penalties on drivers for certain convictions.

Regarding the SR-22, you can shop around to get better prices. Also you can try to arrange to pay the surcharge on a monthly basis to reduce the impact.

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Answered on 1/17/10, 10:07 am


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