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  1. #1
    Join Date
    Aug 2010
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    1

    Default Once Convicted Always Convicted

    My question involves criminal law for the state of: Texas
    I am a teacher and was charged seven years ago with a misdemeanor A assault with bodily harm. I was told by my lawyer that the case was deferred. I have been living here in Arkansas and teaching and now I was not rehired because of the conviction showing up. I was told I cannot get it expunged or have an appeal based on conviction. What can I do? My livelihood is at stake. Will I ever be able to teach again, is there ANYWAY I can get this sealed, removed, something. I am not a bad person, made a mistake but have been doing very well in my career. Is it a lost?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Once Convicted Always Convicted

    Exactly what is on your criminal history in relation to the incident?

    Your ability to teach again will depend on the policies of the school or school district where you apply.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Once Convicted Always Convicted

    FROM: http://www.dshs.state.tx.us/emstraum...ferredweb.shtm



    What exactly does deferred adjudication mean?

    Deferred adjudication is a legal proceeding where the judge may, after receiving a plea of guilt or plea of nolo contendre (where a defendant neither admits nor denies guilt), hearing the evidence, and finding that the evidence substantiates the defendant's guilt, defer further proceedings without entering an adjudication of guilt. The judge then places the defendant on community supervision, which is similar to probation. This proceeding, done in open court, is recorded by a judge's order that becomes a public record. More detail about Deferred Adjudication can be found in Chapter 42 of the Texas Code of Criminal Procedure, Article 42.12 , Section 5.

    Community supervision lasts for a specified length of time and carries with it a number of requirements to complete. After successful completion of the community supervision and other requirements, the court then usually dismisses the underlying criminal charge and discharges the person from community supervision requirements. Because of this, it's a common misconception that deferred adjudication does not become a part of a person's criminal record. Although the underlying charge might be dismissed, the court does not order the expunction (erasure) of any of these records: the deferred adjudication proceedings; the underlying charge that was dismissed; or the arrest tied to that charge. Both the dismissal order and the initial court order granting deferred adjudication generally remain public records and reportable to the Texas Department of Public Safety (DPS).

    Expunction, according to the Texas Code of Criminal Procedure, mainly relates only to the process of expunging (destroying) a person's arrest record. Chapter 55 of the Texas Code of Criminal Procedure outlines the strict qualifications for expunction, and the subsequent procedures to carry it out. Generally, expunction is a time-consuming legal process that usually requires hiring a lawyer. Again, it does not automatically happen whenever the judge dismisses the underlying criminal charge that gave rise to a deferred adjudication.

    So, unless you received an order expunging your arrest record, both the fact you were arrested and received a deferred adjudication will most likely be a part of the criminal history record information, compiled by DPS. This history is shared with the DSHS, pursuant to Chapter 411 of the Texas Government Code, Section 411.110.

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