San Antonio, TX asked in Criminal Law and Domestic Violence for Texas

Q: But what do you mean deferred?

How cam i get it sealed? Does it matter ? What if the case is closed or happen in 2011?

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: If a Family Violence case was resolved by Deferred Adjudication then no, you can't get it sealed, even if there was no affirmative finding of Family Violence. If you reported to a probation officer, it was almost certainly Deferred Adjudication. Cases resolved by successful completion of Deferred Adjudication are not not really "dismissed" in the usual sense of the word... more like the community supervision is terminated and the case is closed. In Family Violence cases, a Deferred Adjudication counts exactly the same as a conviction with regard to enhancements based on priors.

If the case was resolved pursuant to a conditional dismissal agreement that just happens to include the word "deferred" in the NAME of the agreement then you can probably get it expunged, which is better than sealed anyway.

A more detailed explanation of the "what do you mean deferred?" issue is posted here: http://www.pacefirm.com/faq/deferred.html

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.