Why Has My Record Not Been Cleared After Completion of Deferred Judification

[JDavis]

My question involves criminal law for the state of: Texas

I was charged with Aggrivated assault causes serious bodily injury. My case was defferred, I served 29 days in county detention and 7 years probation and community service. Over 2 years after completion of my probation this still shows on my background check. Under plea it states Guilty or unreported or unknown. Is this what it will always state, or should the plea be removed. I was told by my lawyer at the time, it would not appear on my record. that is the reason for my plea and taking the defered judification.

[tc498]

Ask about an order of non disclosure,it will seal the record.

[controlvoice]

This is one of the lies that attorneys tell clients, that you will "not have a criminal record" if you received a deferred sentence or deferred adjudication or whatever they wish to call it. I was told this lie also, when I received a deferred sentence more than twenty years ago. I remember how grateful and relieved I felt, and what I genius I thought my attorney to be. As a result, for almost twenty years I never even bothered to check anywhere to see if I actually did have a criminal record, until finally I discovered on the Washington State Patrol website that I did indeed have a criminal record, and had ever since I got the deferred sentence! I since have had it "vacated", removed from the WSP's public database, but it cost me $1500.00 to do something that I THOUGHT had been done twenty years ago! I suppose attorneys have their own reasons for telling you this lie, mainly to give you the impression that they have done something for you that they in truth have NOT done. Also, if you falsely believe that you have no criminal record, you will not seek to have it expunged, which the criminal justice system would just as soon not have you accomplish.