3 Felonies in TX. All convictions as of 10 years ago on the same date. Now after completing probation the most recent statments in my court records say "Judgement set aside".. Do I have any options here?
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3 Felonies in TX. All convictions as of 10 years ago on the same date. Now after completing probation the most recent statments in my court records say "Judgement set aside".. Do I have any options here?
Why were your convictions set aside?
I has been so long that I dont rememember that day in court, but I would assume it was a condition of my successful probation. This particular judge has been known to do things of this nature for first time offenders.Quoting Mr. Knowitall
It's just exceptional in my experience for that to happen with three felony convictions.
I believe that in Texas you are eligible to seal a felony deferred adjudication after five years following completion of your probation.
It was not defered adjudication.Quoting Mr. Knowitall
Texas Criminal Code 42.12 Section 20:
Sec. 20. (a) At any time, after the defendant has
satisfactorily completed one-third of the original community
supervision period or two years of community supervision, whichever
is less, the period of community supervision may be reduced or
terminated by the judge. Upon the satisfactory fulfillment of the
conditions of community supervision, and the expiration of the
period of community supervision, the judge, by order duly entered,
shall amend or modify the original sentence imposed, if necessary,
to conform to the community supervision period and shall discharge
the defendant. If the judge discharges the defendant under this
section, the judge may set aside the verdict or permit the defendant
to withdraw his plea, and shall dismiss the accusation, complaint,
information or indictment against the defendant, who shall
thereafter be released from all penalties and disabilities
resulting from the offense or crime of which he has been convicted
or to which he has pleaded guilty, except that:
(1) proof of the conviction or plea of guilty shall be made
known to the judge should the defendant again be convicted of any
criminal offense; and
(2) if the defendant is an applicant for a license or is a
licensee under Chapter 42, Human Resources Code, the Texas
Department of Human Services may consider the fact that the
defendant previously has received community supervision under this
article in issuing, renewing, denying, or revoking a license under
that chapter.
(b) This section does not apply to a defendant convicted of
an offense under Sections 49.04-49.08, Penal Code, a defendant
convicted of an offense for which on conviction registration as a
sex offender is required under Chapter 62, as added by Chapter 668,
Acts of the 75th Legislature, Regular Session, 1997, or a defendant
convicted of an offense punishable as a state jail felony.
I just don't know how/if this helps me, or what I can or can't do.
Does the fact that my judgement was set aside mean that I am no longer guilty/convicted?
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