oh no.
is there anything i can do about being mislead...
my mom and i are both very confused why both the court, both the attorney and judge seemed to mislead us both into thinking this deferred sentence would be completely off my record...
can i do anything about that now, after the fact?
Did you go to the site that I posted?
Click on the word "dismissal" and look at the "Adult Court Records" section and read the fourth bullet.
It states:That link has a lot of information, you can enlarge the size of the text for easier reading.since you were issued a discharge, you have spent a specified numbers of years in the community (10 years for a Class B felony, 5 years for a Class C felony, three years for a gross misdemeanor, two years for a misdemeanor or diversion) without committing any offense or crime that resulted in a criminal conviction.
im sorry...
but what exactly is a discharge???
and was i issued a discharge?
thanks.
My dear, you are not reading the information in the link that I gave you.
I would advise you to research > Google "Legal Aid" for your area.FINAL DISCHARGE: Defendant has completed the requirements of his/her sentence and has received a final discharge from confinement or supervision and may also have some civil rights restored.
People often mistake Deferred Adjudication as a non conviction. Actually you just got a special treatment of probabtion. You were convicted probably because you plead guilty.
In Texas, if you violate the terms of your probation (the Def. Adj) you get no credit for "time served". So if your probation is revoked on the last day of your two year probation, you will serve the full two years. Great incentive don't you think?
This conviction will always be on your record.
I realize that this discussion is attenuted, but the underlying case arose in Washington State, not Texas.
I'm not aware of any state where a deferred adjudication is not a form of probation, but it is the norm that the successful completion of a deferred sentence prevents the entry of a conviction. See, e.g., The Texas Code of Criminal Procedure, Article 42.12. (A successfully completed deferred adjudication is not "deemed a conviction for the purposes of disqualifications or disabilities imposed by law for conviction of an offense.")