I was convicted for a drug charge back in 01 and was given Deferred Adjudication. I already finished serving my term, so I thought it was off my record but I just got turn down by an employer because I failed my background check. What can I do to get this off my record?
Deferred adjudication does not remove the arrest records. You need to have the records sealed. http://www.deferredadjudication.org/
Thats funny, I have a family member who is wondering the same thing. He got convicted of a class-C misdemeanor about 3 years ago and ended up with 1 year probation, upon which successful completion got the deferred adjudication. He consulted a lawyer about what needed to be done, sent in the paperwork to the county clerk and apparently never got a court date like he was supposed to. They just sent back the paperwork and the Judge had signed the documents, but he's still worried that it will show up on a background check when he goes to apply for jobs.
What you are looking for is an expunction (for the arrest). As far as your plea in court, deferred adjudication cannot be expunged, but there's a relatively new (in the last 3 years) process in Texas where you can effectively seal the deferred adjudication record for most purposes, including private employer (but not government) background checks. moes, your family member didn't get a deferred adjudication on a class C. If it was in fact a 'C', he got a deferred disposition, which does result in a dismissal of the case. Further, except in rare cases (like PI), you usually don't get arrested for class C violations, so there shouldn't be an arrest record to expunge.
Hmmm thats odd. He got caught swiping a video game from Circuit City and the cops came and hauled him off the jail and held him the entire night and he ended up being charged with something like petty theft. He got a years probation (it was his first offense) but they told him he had to petition for nondisclosure to get his record sealed.
Another few years and it won't matter. Background checks generally won't go back more than 7-10 years.
How do I go about getting that done? I know you can contact a lawyer but its gonna cost. Is there a cheaper route?
If it's under $50, it's class C. Over that and it was a B. The length of the probation and the fact that they discussed the nondisclosure petition lead me to believe it was a B. People think that if they have a deferred adjudication or a juvenile offense that it gets sealed or wiped off their record, and that's never really true. Even when there's a nondisclosure, that only works for some purposes. Every deferred adjudication ends up as part of your criminal history when someone like me looks it up.
Not really. If you researched the law and figured out what forms to use, you might be able to get it done yourself. The same as people who try to do their divorces themselves, or wills, or contracts. But chances are you'd mess it up and it would take you more time to figure out how to do it correctly than it's worth. I'd pay a lawyer the $500+ to get the filing done correctly.
I've been to a seminar where they've covered those topics and know a bit about it, but I'd hate to give you wrong advice. I'm not in the business of filing those. From what I remember you can get the deferred sealed after successful termination of the probation, but again I'd go check with an attorney who's filed them before to be sure. As to who can view sealed records, I believe that private employers cannot, but if you were applying for a government or military job they would still be able to view your deferred. Good luck to you. (mandatory disclaimer that you should not view what some random guy on an internet site says to constitute legal advice and should seek your own attorney)
I wanted to clear some terminology up for those reading this thread. Deferred adjudication is similar to probation, except that you are not adjudicated. This means there is no conviction. When you complete the requirements of deferred, your record will show that the case was dismissed. Probation (now called supervised release) will show up as a conviction. You are sentenced jail time, but that jail time is suspended in lieu of probation. If your probation is revoked, you will serve the time that you were sentenced. This is different in deferred cases, where you are sentenced after you violate the terms of your agreement. Here is another website explaining deferred adjudication, along with how to get the arrest sealed. http://www.bennettandbennett.com/shtml/lawyers/philosophy/deferred.shtml Moes, it sounds like your friend was convicted or offered deferred on a Class B theft, probably Theft greater than $50 and less than $1500. Class C is only a fine.
