Texas Expungement Law

[babz]

I have a 28 year old friend who was taken to court for bouncing about 4 checks while living in Texas. He was about 19 or 20 years old when this occurred. He made good on the checks and was told he had a deferred adjudication. I am unsure what this means. He now lives in Ohio and has found that a record exists regarding this matter after applying for a job here. He was given a number to call in Texas. The person told him in order to get this taken care of he would need to apply for an expungement. My question is does he need to hire an attorney in Texas even though he lives in Ohio, or can any lawyer handle this? We spoke with an Ohio attorney who offered to take the matter as far as finding a Texas lawyer to handle the matter for $500. That seemed a bit pricey to us. The Ohio attorney also indicated that my friend might have to go to Texas to take care of this. Do you know if that is necessary? Thank you for your expertise in this matter.

[aaron]

My question is does he need to hire an attorney in Texas even though he lives in Ohio, or can any lawyer handle this?

As this is a Texas legal matter, your boyfriend would need a Texas lawyer.

The Ohio attorney also indicated that my friend might have to go to Texas to take care of this. Do you know if that is necessary?

Generally speaking, it would be. If there is a way around that, a Texas lawyer should be able to let him know.

[babz]

Thank you for your prompt reply. It was most helpful. I have additonal information to share. I have found that my friend was charged with theft by check under $500.00. He pleaded "no contest." According to him, he was charged but not convicted. He made good on the checks, received 6 months probation and 40 hours of community service. We think "deferred judification" means that he wasn't convicted, but we are unsure. Is this considered a Class C misdeameanor? What is a Class C misdeameanor? Also, with this additional information, do you know if he is eligible for having this expunged? I appreciate your telling us we will need a Texas lawyer and that he may have to travel to Texas to have this matter taken care of. I guess we now need to know if he is eligible under Texas law before we take this next step in securing a lawyer in Texas. Thank you again for providing this service. You are such a gem.

[aaron]

If your friend received a delayed disposition, that would ordinarily mean that (assuming he successfully completed his probation) he has no criminal conviction from the incident. Your boyfriend may want to check his criminal record through the Texas Department of Public Safety, so he knows exactly what is on it.

I don't know enough specifics of the charge to know what type of offense it was; and the deferred disposition may render the issue moot. You can, if you desire, browse the Texas Penal Code; but it would be easiest if you checked his record first as that will probably give you precise statute numbers..

[vmcmurry]

A person may petition a court for an order of nondisclosure five years after the discharge and dismissal of enumerated misdemeanor offenses and ten years after the discharge and dismissal of felony offenses for which the person was placed on deferred adjudication and successfully completed the required community supervision [Tex. Gov't. Code 411.081(d)(1)(2) ] He wouldn't be eligible for an expungment though since he was convicted. However, the nondisclosure will operate in a similar fashion. I have worked on some of these in the Dallas area and may be able to help you. You can email me if you would like.