QUESTION

What does it mean to get a set aside?

Asked on Sep 16th, 2011 on Criminal Law - Texas
More details to this question:
I've been told I'm not eligible for expungement. Actually I've been told several different things, but now I want to know about a set aside. Can you give a short explanation of a set aside and will potential employers be able to see my criminal record of Class A Misdemeanor?
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2 ANSWERS

Drug Charges Attorney serving Houston, TX at Cynthia Henley
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To be eligible for an expunction, the case must have been dismissed (with no guilty plea, no probation, no deferred) or you must have been found not guilty after a trial. If you received deferred adjudication probation and successfully completed it, you might be eligible to seal your record - it depends on the offense and if eligible, some offenses require a waiting period after the completion of the deferred. Also, it is not guaranteed - the judge in whose court the case was prosecuted makes the decision. If you received deferred, then the wording on the document that is signed by the judge at the completion of the deferred states that the case is "set aside." This is so misleading because people think that it means that the case is over without it being on their record - which is wrong. The case remains on your record indefinitely. There is no procedure called "set aside" in criminal cases.
Answered on Sep 20th, 2011 at 7:55 PM

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Criminal Law Attorney serving Houston, TX
Partner at Thiessen Law Firm
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There is a Motion to Set Aside Judgment, but that would not pertain to your expunction. There are a lot of attorneys that do not know expunction law. If your case was dismissed then you are eligible for an expunction. Please feel free to call me. I can do these all over the State of Texas.
Answered on Sep 20th, 2011 at 5:06 PM

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