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  1. #1
    Join Date
    Nov 2005
    Location
    Texas
    Posts
    1

    Default When is Deferred Adjudication Probation Off the Record?

    I recieved Deffered Adjudication Probation in 2000 for two felonies. I had to serve a total of 5 years probation, and I can happily say that this is all behind me. Since then I have turned my life around, have settled down, and had a family. It wasn't until recently, when I was layed-off my previous job that I noticed that the felonies that I thought I had put behind me came back to haunt me. I completed probation in 2002 and to my understanding when I completed probation and finished paying all my fines I would have a clean record again. Now that I am looking for work again with no luck. All I keep getting are copies of my background checks. I thought that this would not come up on my background check or was I misunderstood? I would really like to clear this up. I can't change the past but I can make the best out of my future and don't want my childish mistakes to follow me always.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,656

    Default Order of Non-Disclosure Following Felony Conviction

    You should be able to get an order of non-disclosure following the ten-year waiting period. For felonies, there are some offenses which are not subject to non-disclosure (e.g., murder, injuring or abandoning a child, stalking, domestic violence, many sex offenses). There is typically a ten year waiting period following dismissal before you can petition for non-disclosure.

    Quote Quoting Texas Government Code - § 411.081(d) - (h); Order of Non-Disclosure
    (d) Notwithstanding any other provision of this subchapter, if a person is placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal Procedure, subsequently receives a discharge and dismissal under Section 5(c), Article 42.12, and satisfies the requirements of Subsection (e), the person may petition the court that placed the defendant on deferred adjudication for an order of nondisclosure under this subsection. After notice to the state and a hearing on whether the person is entitled to file the petition and issuance of the order is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the deferred adjudication. A criminal justice agency may disclose criminal history record information that is the subject of the order to an individual or agency described by Section 411.083(b)(1), (2), or (3). A person may petition the court for an order of nondisclosure on payment of a $28 fee to the clerk of the court. The payment may be made only on or after:

    (1) the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a misdemeanor other than a misdemeanor described by Subdivision (2);

    (2) the fifth anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a misdemeanor under Chapter 20, 21, 22, 25, 42, or 46, Penal Code; or

    (3) the 10th anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a felony.

    (e) A person is entitled to petition the court under Subsection (d) only if during the applicable period described by Subsection (d)(1), (2), or (3), as appropriate, the person is not convicted of or placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal Procedure, for any offense other than an offense under the Transportation Code punishable by fine only. A person is not entitled to petition the court under Subsection (d) if the person has been previously convicted or placed on deferred adjudication for:

    (1) an offense requiring registration as a sex offender under Chapter 62, Code of Criminal Procedure;

    (2) an offense under Section 20.04, Penal Code, regardless of whether the offense is a reportable conviction or adjudication for purposes of Chapter 62, Code of Criminal Procedure;

    (3) an offense under Section 19.02, 19.03, 22.04, 22.041, 25.07, or 42.072, Penal Code; or

    (4) any other offense involving family violence, as defined by Section 71.004, Family Code.

    (f) For purposes of Subsection (d), a person is considered to have been placed on deferred adjudication community supervision if, regardless of the statutory authorization:

    (1) the person entered a plea of guilty or nolo contendere;

    (2) the judge deferred further proceedings without entering an adjudication of guilt and placed the person under the supervision of the court or an officer under the supervision of the court; and

    (3) at the end of the period of supervision the judge dismissed the proceedings and discharged the person.

    (g) When an order of nondisclosure is issued under this subsection, the clerk of the court shall send a copy of the order by certified mail, return receipt requested, to the Crime Records Service of the Department of Public Safety. The Department of Public Safety shall send a copy of the order by mail or electronic means to all law enforcement agencies, jails or other detention facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central state depositories of criminal records, and other officials or agencies or other entities of this state or of any political subdivision of this state, and to all central federal depositories of criminal records that there is reason to believe have criminal history record information that is the subject of the order.

    (h) The clerk of a court that collects a fee under Subsection (d) shall remit the fee to the comptroller not later than the last day of the month following the end of the calendar quarter in which the fee is collected, and the comptroller shall deposit the fee in the general revenue fund. The Department of Public Safety shall submit a report to the legislature not later than December 1 of each even-numbered year that includes information on:

    (1) the number of petitions for nondisclosure and orders of nondisclosure received by the department in each of the previous two years;

    (2) the actions taken by the department with respect to the petitions and orders received; and

    (3) the costs incurred by the department in taking those actions.

  3. #3
    Join Date
    Dec 2005
    Location
    Texas
    Posts
    4

    Default

    Regretably in the state of Texas, a Deferred Adjudication is a conviction dispite the law saying it is not. And non-disclosure only protects you from public employees finding it, not Government or its licensing agencies. There are severe limitations when concerning DA that, to be honest, there is no difference between fighting it and getting the full sentence or taking the DA.

    You are stuck getting a non-professional job, which is the one thing I'm pissed about. The reason being is all non-business professional jobs require a state license and in Texas, all licensing boards are appointed by the Governor and therefore have full access to your record, even if it is under a non-disclosure. That means it will be an uphill battle. Plus a non-disclosure doesn't neccessarily mean a non-govt company won't find it.

    If they use a Background checking company that buys the info from the DPS for thier database, and yes your info is sold by the state, if they only update every so often, say two years, though most and likely at most a year, but that still poses problems, it will still be pulled up. Yes you can tell the company to remove it, but you won't know until you lost the job and in some cases you won't even know that because a criminal background check is usually a pre-hire, and with Texas being a right to work state, they don't have to tell you why they didn't hire you.

    Things a person can forget ever doing:
    Doctor (any including an opthomologist)
    Nurse (any)
    Physician Assistant
    Pharmacist
    Radiologist
    Radiology Tech
    Surgical Tech
    Pharmacy Tech
    Emergency Medical Tech (EMT)
    Paramedic
    Fireperson
    Teacher
    Professor
    Day Care Worker
    Youth Director
    Police Officer
    Criminal Investigator
    Criminalist
    Prison Guard
    Security Guard
    Loss Prevention Officer
    Social Worker
    Child Protection Worker

    And the list goes on. ( And what 17 year old will ever think they will ever be given the opportunity to get these jobs much less want any of these jobs later in the future?)

    Even a concealed Gun license is difficult because a DA by that law is concidered a conviction, dispite the fact there was no trial, no jury, no sentencing, and
    The court is of the opinion that the ends of justice have been served and the interests of the defendant and of society will be best served by a discharge from futher probation.

    It is therefore hereby ordered, adjudged and decreed that the indictment in this case be dismissed, and the defendant discharged from said probation.
    Order: A written direction of a court or judge to do or refrain from doing certain acts.

    Adjudication: A decision or sentence imposed by a judge.

    Decree: A decision or order of the court.

    Indictment: An accusation of a criminal offense made by a grand jury.

    Dismissal: A judge's decision to end the case.

    Why is it not against the constitution for a government to ignore the decree of a judge, who is given the right to make such a decree by the constitution? Also why is it not against the law for a lawyer to say that your record will be cleared but it never will be? Search for Deferred Adjudication and open up the law offices' homepages and it is as clear as day that they are misleading the public. And vast majority of these home pages belong to Texas Lawyers. This is no different than a business saying a product does something and it doesn't or a bait and switch, both illegal.

    Sorry for the long rant. Basically anyone reading this and have a DA, be prepared to fight for a job. Go for the non-disclosure to redue the hassles, but remember, as long as it is sealed and not expunged, your record is always available at the state legislature and subject to the typical Texas Political Flip flop. If they decide to repeal the non-disclosure, and they can legally, all those who filed for it and was granted will no longer have that protection and will be back at square one, a thouand dollars lighter. What the law says and what the State enforces are two totally different things. You are a convict according to Texas State Legislature even though you are innocent according to the Texas State Department of Justice. Double Standards.

    My question is, why is Deffered Adjudication, or should I say the lack of willingness to enforce it by the very state that issued it, not the issuance itself, legal? Why aren't people fighting this in out right public view (protest, news coverage, appealing to the federal courts with public exposure on the legality of non-refusal to obey the state courts, etc.)?

  4. #4
    Join Date
    Mar 2006
    Location
    texas
    Posts
    1

    Default probation

    see if your can get your record expunged downtown
    in your city it will work since you have completed it

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