Does It Matter If I Was Previously Placed On Deferred Adjudication For Another Offense?
It does matter if you were previously placed on deferred adjudication for another offense. Determination varies by county. As previously mentioned, any order of nondisclosure, if it’s a record sealing, for instance, done by an order of nondisclosure, then it’s always in the best interests of justice. Even if the DA objects, which they have a right to do, you can have a hearing. But if the judge finds that it’s in the best interests of justice, they can either grant or deny the motion. And so, one of those factors is whether someone has a criminal record. It doesn’t automatically preclude someone.
For example, if someone has a criminal record due to a theft charge, and they’re trying to get that sealed, the DA can see whether another theft charge previously occurred. If that other theft charge occurred 10 years ago, and that person got it sealed, but because they ran into that and could see that they were arrested previously for theft, they might object to it. They might believe that the person shouldn’t be able to get the new theft charge sealed because the public should be able to see it. However, the judge could still order it in the best interests of justice. It’s always discretionary. The determination always hinges around whether the judge places it in the best interest of justice, whatever that means.
Additional Information On Non-Disclosure In Texas
I encourage every one of our clients when they first hire to figure out what the disposition is. Our goal is to always put someone in a position to get an expunction or a nondisclosure. It’s sort of putting the cart before the horse. I wouldn’t take it one step at a time. You want to put yourself in a position to get at least one of them. If you are in a position to get one, do not wait, a lot of people wait. I encourage people to do it as quickly as possible. If it were me, I would do it as soon as I was eligible, whether it’s an expunction or a nondisclosure.
Even if you got acquitted at trial, or the case was dismissed, it is not all going to go away. The arrest will stay there. Most employers don’t know the difference between a criminal arrest and a criminal conviction. The two are very different, but if the arrest is visible it still looks like you’re convicted until you file an expunction or nondisclosure. Therefore, I tell people to file that civil filing immediately because if you wait until you need it, it’s almost surely going to be too late for the purposes you seek it for. Furthermore, If you wait too long, you’re not going to be able to get an expunction. Again, I highly advise to do it as soon as possible. Do not wait until you need it.
For more information on Deferred Adjudication In The State Of TX, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (469) 900-0000 today.
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