Legal Question in Criminal Law in Texas

where can i find a free attorney to expunge my deferred adjudication


Asked on 11/16/12, 2:55 pm

1 Answer from Attorneys

M. Elizabeth Foley The Law Office of M. Elizabeth Foley

1) You're not going to qualify for a court-appointed attorney on an expunction, and it's very hard to find attorneys who will handle them pro bono.

2) You can't expunge a deferred adjudication case anyway. Having served any type of court-ordered community supervision, even if it was deferred, bars eligibility for an expunction. You may, however, qualify for what's called an order of nondisclosure. The rules relating to that are rather complicated, but the simple parts are that for felonies, you have to wait five years after you get off probation to apply, for some misdemeanors, you have to wait two years (like non-family violence assaults--most misdemeanors, though, there's no waiting period. Some offenses, like family violence assaults, sex offenses, and various others, will completely bar you from eligibility, even if it's just an older case on your criminal history.

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Answered on 11/16/12, 5:30 pm


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