Legal Question in Criminal Law in Texas

I was on a Texas 5 year Deferred Adjudication that should have expired in 2006, but 3 months before my probation would have ended I had a CPS worker, that was known to be "questionable" on her actions with people, Take substandard evidence to a grand jury to have a warrant issued on me since the local police detective refused to arrest me for this matter.

This lead me to be arrested at work and had a felony charge for injury to child and a motion to revoke probation. I hired an attorney and we went to court where the first DA took a look at the CPS pictures and told my attorney in front of me and very loudly in court "I dont take much stock in CPS evidence". My attorney was happy we thought the MTR and my child case would be dropped but soon after the case was transferred to another DA who wanted me in prison no questions asked.

Well long story short my probation expired on Feb 12 2006, no motion to revoke was signed but when I get the information to get my Deferred case sealed it shows my probation ended Nov 14 2008!!!

I seen over and over if you are arrested and go to court for a MTR and they cannot find you guilty of any offense BEFORE its expired the judge "shall" end my probation on that day, in my case Feb 12 2006, but with this paper saying it ended in Nov 2008 I have to wait even longer to ask for my record to be sealed.

What do I need to do to get the Feb 2006 date fixed?

Does the state often do this to people? Isnt his a type of "Cruel and unusual punishment" on part of the DA's office/State since im still suffering from the discrimination of employment and housing beyond the agreed terms of my deferred justification since they added 2 years to my probation without an order by the court?


Asked on 10/09/12, 11:31 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

Contact the lawyer who represented you in the injury to a child case (and MTR) to see what happened. You can also go to the district clerk's office to see if there was an extension motion filed. It would have been signed by YOU if your probation was extended.

That said, it could be that there was a clerical error in the "dismissal" of the deferred - that it did not get timely signed right after your deferred ended. Your lawyer can do a nunc pro tunc if that is the situation.

By the way, even after the 5 year wait, you are not ENTITLED to have your record sealed. The judge can still say no.

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Answered on 10/23/12, 1:33 pm


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