Your Assault Of A Family Member Is Not Eligible For A Motion For Non Disclosure
As a Houston Assault Lawyer I have have received a few calls this week from people seeking a motion for non disclosure after completing a deferred adjudication for an assault of a family member. Since they received incorrect information from the initial assault attorney I feel the need to post a blog to provide clarity on this issue. Despite what your criminal defense lawyer may have told you a deferred adjudication for assaulting a family member is INELIGIBLE for a motion for non disclosure. That is even true if probation officer told you the same thing. Your only hope is that law changes on this changes on this issue in the future. I am not optimistic since the current law states that a second charge for assaulting a family member is a felony even if you successfully completed your deferred adjudication.
So what are the options, pardons? The way the law reads is that no matter if you have completed what was required, people tend to carry a guilty verdict long past the incident. If the debt has been paid, it tends to carry on into your life, no matter if you never create another crime.
Hoe long has this law been in effect? Is there a grandfather clause dating back to the sentencing in 1998, or the completion of probation, 5 years early, in 2003? Its a sad state when one has no recourse for a mistake made over 10 years ago.