July 29, 2016

Asked 7/28/2016 – Granbury, TX

Last year I was written a ticket for theft under $50 and then had to see a judge. The judge made me pay the fine (which I did) and placed me on deferred adjudication for 6 months. They told me that after this time period my record would be sealed from a background check.
HOWEVER, I am in college now and pursuing a degree in early childhood education. I was wondering if it would be in my best interest to get the charge expunged. I see the questions they ask on applications (I.e. Has a court ever placed you on probation for any offense, including deferred adjudication?)

Obviously at this point I would have to answer yes, but if I pay to get this charge expunged, can I answer no to these questions legally? And will it no longer show up in the background check database used by the TEA?

Thanks so much!

Answer

Yes, you should have this matter expunged. I recognize that expunction is an expensive process, but theft is a crime of moral turpitude, and any connection you have with such an offense and bar you from certain occupations. One a case is expunged, it is like it never happened. Call a local attorney to discuss the matter.

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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