Expungement of a Felony 3

[Lineman]

Earlier this year, my 19 year old son was arrested for possession of a control substance in Collins County Texas. He received a deferred Adjudication for Felony 3 (I believe he said a Class C). He was placed on Probation for 3 years and has to do community service. His case history said the he was charged with possession of CS (control substance) PG 2> 1 G < 4 G F3, Charge 94, Severity FEL-3. The plea agreement and court proceeding occurred when he turned 20. He complains that he is unable to find adequate employment, nor can he join the military because of this charge. When he completes all parts of his probation, would this Felony 3 be cleared under an Expungement or would it fall under a seal? Would he have to wait 5 years after he completes probation before doing anything?

[Mr. Knowitall]

You cannot get expungement for a felony. As you note, after five years he can petition to have his record sealed.