QUESTION
Can I expunge after my probition and if yes how long after?
Asked on Dec 25th, 2011 on Criminal Law - Texas
More details to this question:
I'm on deferred adjudication probation and if I finish it with everything okay, can I get it expunged or sealed? Is there a difference between them? And do I have to wait 5 years?
3 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You cannot expunge it. You may be able to seal it depending on the offense. The waiting time is 5 years on felonies and either no wait or a 2 year wait on misdemeanors. The wait period starts when you finish the deferred. You should have a lawyer represent you in a nondisclosure petition.
Answered on Jan 16th, 2012 at 8:40 AM
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Immediately after you complete deferred successfully.
Answered on Jan 05th, 2012 at 12:51 AM
Business Attorney serving Houston, TX
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Katine & Nechman, LLP
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In Texas, you cannot get a case expunged if there was a deferred adjudication community supervision (except for Class C misdemeanors). You may be eligible for filing a petition for non-disclosure, which will seal the case from public view, but that depends on the type of case, as does the waiting period once the deferred adjudication is complete.
Answered on Jan 04th, 2012 at 4:32 PM