Asked 4/14/2016 – Houston, TX

I have been on probation now for 17mo. My crime is felony retaliation. I ran my mouth off to a cop while detained in the back of a cop car after being kneed in the back, shoved around and tazed (all of which was recorded but coincidentally the tape vanished before my hearing and the woman who video taped it did not want to get involved.) The judge at my hearing was a sit in and he told me to do 18mo of a 3yr sentence and would get off. I have filed for ET because my PO told me that I have to do at least a third of my probation to comply. The result was “no” (from the real judge) that I must complete two thirds of my probation. They told me to file again in NOV. With this being said I have paid my fines and court costs, did my classes and have been in my best behavior. I need to get off probation because this bogus charge is affecting my life in the harshest way. Denied a student loan and employers wont touch me. Is their anything I can do to press this ET and file for a non-disclosure of this deferred charge?

Answer

1) Early discharge from probation is not a given, even if you have completed all the terms and conditions. If the Judge says wait, you have to wait. 2) On a felony case, you must wait 5 years from the date of dismissal of the case before a petition for non-disclosure can be filed.