Houston, TX asked in Criminal Law for Texas

Q: Sealing a Guilty Plea possible?

Do any of you nice lawyer people know if it's possible that a Class C misdemeanor charge for drug paraphernalia (a ticket) can be sealed if you plead guilty to it? It's over 3 years old and it doesn't show up on a state background check but I want it sealed anyway. It's the only charge I have. I've read that guilty charges can't be sealed or expunge but I also heard that there are some exceptions to this rule, I just can't find any information about that online.

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3 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: If your first offense is a misdemeanor, it can now be sealed because of a relatively recent change to the nondisclosure statute.

1 user found this answer helpful

Michael Hamilton Rodgers
Michael Hamilton Rodgers
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: For the result of a criminal case to be sealed in Texas, the defendant must have received a deferred adjudication probation and successfully completed the probation. In these circumstances, after a waiting period whcih varies with the level of the offense, a person can petition the court to enter an order of non-disclosure.

A deferred adjudication probation occurs when the defendant pleads guilty (or no contest) and the judge places him on probation without finding him guilty on his plea. In such a case, the judge defers (puts off) the adjudication (finding the defendant guilty). Because the judge has not entered a finding of guilt in the case, the defendant is not "convicted". After the defendant successfully completes the probation, the case is dismissed.

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

A: See Texas Government Code Sec. 411.0735 for details and conditions regarding sealing your first misdemeanor conviction. Fine-only class C traffic offense don't count as your "first." The normal rules against sealing family violence and sex crimes still apply and there are separate sections in the code for sealing DWI and first misdemeanors resolved by non-deferred probation.

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