Results 1 to 2 of 2
  1. #1

    Default Is Pre-Trial Diversion Considered Court Ordered Community Supervision

    My question involves criminal records for the state of: Texas

    I am working on a petition for expunction following the format provided here https://www.texasbar.com/AM/Template...ontentID=23459
    Under section 9 of the petition, it says

    "9. (List which of the following circumstances apply:

    Petitioner was released by the Court and the arrest/charge is no longer pending and never resulted in final conviction. The final conviction has been fully overturned by and no other offense or charge is pending which is related to this matter. The Court did not order community supervision pursuant to Art.
    42.12 of the Texas Code of Criminal Procedure.)

    Petitioner has not been convicted of a felony in the five years preceding the date of arrest."

    I completed a pre-trial diversion program and the charges were dismissed. Does that program count as court ordered community supervision? Do I need to delete the line that says that the court did not order community supervision? I believe that the program was not court ordered, as it was an agreement between myself and the prosecutor, and I have no records of a court order regarding it. So does that mean that I can leave the line about the court not ordering community supervision?

    And does that line need to be in the petition for the expunction to be granted?

    Thanks in advance for and help or insight into this.

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

    Default Re: Is Pre-Trial Diversion Considered Court Ordered Community Supervision

    Quote Quoting wanderingturtle
    View Post
    I completed a pre-trial diversion program and the charges were dismissed. Does that program count as court ordered community supervision?
    It depends on what you mean by "pre-trial diversion".

    If you mean that you completed, for example, a diversion program through the prosecutor's office such that charges were dismissed with no plea in court, then that would not be "court ordered community supervision". On the other hand, if you are referring to a deferred sentence under Art. 42 of the Texas Code of Criminal Procedure, commonly described as a deferred sentence, then the bar applies.

    1. Sponsored Links
       

Similar Threads

  1. Collection and Enforcement: Motion to Revoke Community Supervision
    By stuckintx in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 09-11-2015, 03:27 PM
  2. Speeding Tickets: Should I Apply for Court Supervision if Already Under Supervision for Another Ticket
    By Husky27 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 07-08-2014, 11:58 AM
  3. Retail Fraud / Shoplifting: Am I Qualified For Diversion Or Court-ordered Expunction Of Criminal History Records?
    By sad and scared in forum Criminal Charges
    Replies: 1
    Last Post: 02-13-2008, 06:49 AM
 
 
Sponsored Links

Legal Help, Information and Resources