I was charged with possession of controlled substance by fraud. I pled deferred adjudication in the Texas court and chose to

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by Grant St. Jullian III

September 29, 2016

Asked 9/22/2016 – Abilene, TX

The attorney advised that once I finished my probation period that my felony would be expunged and it wasn’t. Now I called the same attorney and he said that it would never be expunged but that I could do an application for no disclosure. I’m confused. Please advise me on which way to turn

Answer

If you successfully complete deferred adjudication probation, you may file a petition for non-disclosure, not an expungement. This is not an either/or situation; you do not get to pick. The general rule is if a case was dismissed after a plea was entered, the matter is eligible for a non-disclosure. If the case was dismissed after a not guilty verdict or dismissed by the State prior to any plea, an expungement is in order. Your attorney has instructed you properly.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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