Asked 7/7/17 – Dallas, TX

Over 10yrs ago at age 20 I was charged with Engaging in Organized Criminal Activity (felony) for using a credit card to purchase less than $20 worth of gasoline and $70 by co-defendents for total of less than $90 combined. My paid attorney stressed he could get a misdemeanor based on experience but after payment convinced me a 3rd degree felony was fine and advised I accept deferred adjudication. Was I overcharged? I completed the probation early and thought it being dismissed made a difference. As I am aware of expungement I and it is in the works I was told big companies – i.e. Banks under FDIC can still see it when doing the FBI fingerprinting background checks. I know the expunging will help on the state level but what can be done so it does not show up anywhere even under fingerprinting checks (federal level). This thing from over a decade ago has come back to haunt and I lost a job offer due to this mistake as a youth.

Answer

If your case was dismissed after successful completion of deferred adjudication probation, you may file a petition for non-disclosure (not an expungment) 5 years after the dismissal date of the case. Contact a local attorney in the county where the case was filed for details.