Q: Will an individual have to expunge a deferred adjudication case?
Will an individual have to expunge a deferred adjudication case? My friend's court appointed told him that the case would automatically fall off; however, he just got his fingerprints done for a copy of his criminal report and it's still there.
A: In Texas, if your friend received Deferred Adjudication for a Class C misdemeanor and successfully completed it, he is likely eligible for an expunction. He would have to file a Petition for Expunction in District Court to make it happen. If he received Deferred Adjudication for a Class B misdemeanor or above and successfully completed it, he is not eligible for an expunction, but may be eligible to petition the Court for an Order of Non-Disclosure. Note that some offenses are ineligible for an Order of Non-Disclosure and for felonies, even if the offense is one that is eligible, there is a five year waiting period before your friend could get it.
Kiele Linroth Pace agrees with this answer
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A: Nothing EVER automatically falls off a criminal history. As attorney Davis said, cases resolved by Deferred Adjudication are not even eligible for expunction, except class C misdemeanors. They can become eligible to be sealed with an order of nondisclosure, but there are a lot of conditions that must be met to qualify for nondisclosure.
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