How can I get a felony expunged if I followed court orders? 2 Answers as of July 19, 2011

I was sentenced to 5 Years Deferred Education Probation, for assault on a family member, there was a protective order, I end up seeing my ex-wife on you the assault charges were on, because she was pregnant, and they end up violating me and sentenced me to a 5 years in jail, I completed the sentence, did a year in Jail, and the rest on Parole. Can Anything be done to get this sealed, or expunged, or some type of non-disclosure?

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Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
Nothing can be done to seal nor expunge this record. To be eligible for nondisclosure, the person must have successfully completed an eligible deferred adjudication probation and waited the proper time limit. Assaults involving family violence are never subject to nondisclosure thus even if you had finished the probaiton successfully, the case would not be subject to being sealed. To be eligible for an expunction, the case must have been dismissed or the person found not guilty, and then other requirements also apply.
Answer Applies to: Texas
Replied: 7/19/2011
Law Office of Tim W. Avery
Law Office of Tim W. Avery | Tim W. Avery
Unfortunately, the answer to your question is that you are not eligible for an expunction nor are you eligible for an order of non-disclosure. Unless you were acquitted of the offense or case was not prosecuted after arrest, you cannot get the case expunged. If you pled guilty and were given deferred adjudication probation and successfully completed the deferred adjudication probation, then you can request the court to grant an Order of Non-Disclosure which essentially is an order to seal the records from the general public (some agencies will still have access to said records). If your deferred adjudication probation was revoked and/or you receive time in prison/state jail, then the case resulted in a final conviction and the Order of Non-Disclosure is not an available option. Furthermore, an Order of Non-Disclosure cannot be obtained if the case was for an Assault that involve an assault upon a family member or a member of the household.
Answer Applies to: Texas
Replied: 7/19/2011
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