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Shoplifted and Completed Pre-Trial Diversion While Student Teaching

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  • 01-20-2009, 10:43 PM
    Renewednotobliterated
    Shoplifted and Completed Pre-Trial Diversion While Student Teaching
    My question involves criminal law for the state of: Texas.

    Questions that are coming to mind as I try to keep my life on track and prepare to knock on independent school district doors:

    Long story short: I was arrested for shoplifting, applied for and successfully completed pre-trial diversion in advance of the deadline (I applied for and received early release from the diversion due to my completion ahead of the deadline. All of this was done alongside of successful completion of a student teaching stint for my last semester of classes. I have doggedly pursued my dream, despite the havoc I managed to wreak in my life...I didnt even allow sepsis and cellulitis to stop me. I have earned my early childhood -4th grade certifcation (certificate literally arrived via USPS today).

    So--questions I have that come to mind right now...
    Due to having completed pre-trial diversion, my case never went to court, thus, when I sought expungement of records was informed that I had to wait a 2 yr minimum; Questions pertaining to expungement include:

    Is expungement effective? (The lawyer spoke as if, though I might pay for it to be done, and the paperwork goes to court etc, that whether or not it is actually conducted within each office in which the paperwork is housed--that such expungement is dicey at best.)

    Is expungement equal to erasure?? If so, if the answer is yes, then on a criminal records acknowledgement would I even acknowledge my arrest as I apply for jobs? Couning my eggs before they hatch....though I have certificate in hand, no expungement exists, and even if it did, it's not as if I can disregard the arrest.

    Being that I am literally a starving student, is it insipid to wonder whether I can somehow pursue my expungement of records. I exist on a minscule budget.....and wish to heck that I could do my own expungement. Is there "ever" an instance in which a lawyer does such work pro-bono, or gratis, etc? (And yes, you may apply insipid to that question as well, I realize that such a question is most likely futile.)

    Can a pardon ever be sought for a misdemeanor arrest in Texas? THis is a question which came to mind due to having desparately perused your forums for info and assistance.

    Any of your input will be greatly appreciated, although your answers may serve to trigger more questions on my behalf. Thank You.
  • 01-24-2009, 10:51 AM
    Mr. Knowitall
    Re: Shoplifted and Completed Pre-Trial Diversion While Student Teaching
    There's always a possibility that some record of a crime will continue to exist after expunction. Nobody can guarantee that somebody won't pick up the traces. But there ain't nothin' better. You can't get a pardon, as you weren't convicted - and a pardon isn't an expunction, so it doesn't erase the records - in fact, it creates a new one.

    You've waited out the two years? If you want to try to find a lawyer who will handle your expunction for free, get on the phone and start calling. If you're still a student, and see what type of legal services (if any) are provided by your school, or if your local legal aid society could help.
  • 02-04-2009, 06:16 AM
    jdsp99
    Re: Shoplifted and Completed Pre-Trial Diversion While Student Teaching
    I am currently in a situation like this. I live in Texas and its been a year already since the incident. I was a student teacher graduated and passed my certification tests. I have not gotten my certification for the fear of fingerprinting and my charge coming up. Nothing has been done. My attorney just keeps telling me to wait it out. I have never heard of pre trail diversion. What is it and how does it work? My attorney has not been very helpful and I feel like this is just lingering on. It seems like this individual gotten this taken care of so fast. I need help. Can anybody tell me if I could do this pre trail diversion?
  • 02-04-2009, 06:24 AM
    cyjeff
    Re: Shoplifted and Completed Pre-Trial Diversion While Student Teaching
    Quote:

    Quoting jdsp99
    View Post
    I am currently in a situation like this. I live in Texas and its been a year already since the incident. I was a student teacher graduated and passed my certification tests. I have not gotten my certification for the fear of fingerprinting and my charge coming up. Nothing has been done. My attorney just keeps telling me to wait it out. I have never heard of pre trail diversion. What is it and how does it work? My attorney has not been very helpful and I feel like this is just lingering on. It seems like this individual gotten this taken care of so fast. I need help. Can anybody tell me if I could do this pre trail diversion?

    We would be glad to help if you would be kind enough to start your own thread.
  • 02-04-2009, 08:13 AM
    jdsp99
    Re: Shoplifted and Completed Pre-Trial Diversion While Student Teaching
    Ok thanks! I believe i've started my own thread now. Sorry about that I'm very new at this.
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