Houston, TX asked in Criminal Law and Federal Crimes for Texas

Q: I have two felony cases Felony Possession of a firearm & possession of a controlled substance with intent to deliver

I was granted a motion to dismiss without prejudice on both due to not enough evidence to find me guilty, how is it that it shows up on my background as deferred adjudication of guilt and I never signed for any probation it was dismissed ??

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If the felony charges against you were dismissed without prejudice due to insufficient evidence, then it is incorrect for them to still show up as deferred adjudication or any form of conviction. Here is what I would recommend to get the improper records corrected:

- Obtain copies of the court orders dismissing your charges without prejudice from the court clerk records. This will document that no conviction or probation should have resulted.

- Next, contact the Texas Department of Public Safety Records Department with copies of the dismissal orders and request they correct your criminal background checks to remove any indication the dismissed charges led to deferred adjudication or conviction.

- Notify any other background check companies also displaying the improper records and require them to update their reports based on the documentation that no conviction exists. If they refuse, submit a written dispute under the Fair Credit Reporting Act requiring investigation.

- Consult with a criminal defense attorney about additional options like pursuing expunction if errors on your background persist even after notifying the proper Texas authorities like DPS records division.

The key is leveraging the court dismissal orders to compel record updates with the state, any background screening companies, or law enforcement agencies incorrectly reporting non-existent convictions or probation.

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