Shoplifting in Texas

[NeverAgain13]

My question involves criminal law for the state of: TEXAS

In Dec. of 08 I was caught shoplifting $300 worth of items. I was booked and spent 7 hours in jail. In a weird way...this had to happen for me to stop. But the aftermath is killing me even more that I ever thought.

This was my first everything on my record. No ticket, no nothing. I got a lawyer and paid big bucks. I have gone to court twice and each time my lawyer has pushed the court date back.

He tells me that the DA is offering 6 months probation with a class C misd. but the lawyer is trying to change it to a class B misd. He has requested my college transcripts and letter of employment which I gave him this week.

My questions are....

1. Is this charge already on my criminal record? I have to do felid studies in schools and I have to turn in a background check...it asks if I have been convicted....have I been convicted and just waiting on a sentence?

2. Does it look like my lawyer is on the right track with my case?

3.Will I ever be able to get this off my recored?

Thanks so much for your time.

[Mr. Knowitall]

Why does the lawyer want it to be a Class B misdemeanor? That's a more serious charge? Is it to qualify you for a deferral?

If you've been arrested and charged, that's on your record.

If you get a deferred sentence for a Class C misdemeanor, you'll be eligible for expunction after you complete your sentence. If you get a deferral for any other charge, you'll be eligible to get your record sealed after a waiting period. To otherwise qualify for an expunction you would first have to obtain a pardon - and that's not likely.

Talk these issues over with your lawyer.