Legal Question in Criminal Law in Texas

I have a aadw on my record. but when i got out of jail i was told that i would get the charge dropped to a misdemeanor along with probation. i dont think the probation was deffered or anything like that but i didnt finish. anyway when i apply for jobs now it states that i have a misdemeanor assault amended from a felony 2 aadw. is there anyway i can get it to where jobs only see a misdemeanor? i dont see the point in the charge being dropped if it still shows as a felony. also i wanted to know does your seven years out of jail start the day you catch the charge or the day you get out? and since i didnt finish my probation is there anyway to get my records sealed or expunged?

what would my best options be as far as taking care of my background so that i can work again?


Asked on 1/21/11, 2:55 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

What 7 years out of jail are you talking about? For sealing your record? It is 5 years. But, you cannot get your records sealed because you didn't finish the probation. (You cannot get the records expunged because you were not found guilty nor were the charges dismissed.)

The point of the reduced charge is (1) so that you do not take a chance on going to prison when you mess up the probation (which you did); (2) if you completed the probation you could have gotten your records sealed so then neither the misdemeanor nor the felony would show on a local background check; (3) a misdemeanor case is much less harmful to your record than a felony, even if it shows it was reduced because it suggests that the felony case was not a good, strong case.

If you want your jobs to know it was only a misdemeanor, then get a copy of the judgment and sentence which will show that it is a misdemeanor. (Those documents might show it was reduced from a felony - it depends on the county.) You can present those documents with your application so that it is clear that you are being up front about your history.

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Answered on 2/18/11, 7:38 pm


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