Houston DWI Lawyer | DWI Defense in Houston, TX

I have mentioned previously how unjustly people, mostly single mothers that are charged with welfare fraud, were treated in Harris County District Attorney's Office when Carl Hobbs was the prosecutor in charge of that division.  Mr. Hobbs was reassigned to the misdemeanor division earlier this year after many years heading the welfare fraud division.  I anticipated that his successor would have a different view towards the people that are charged with the crime.  Not surprisingly, things have changed for the better.  For example, they have granted a handful of pretrial diversions which is something that was never granted previously.   I was told not to expect that many requests for pretrial diversion were to be granted in the future because of the nature of the crime.  The reasoning by the District Attorney's Office is that welfare fraud is a continuous crime and not a one time mistake.   

A permanent decision that should help a lot of people charged with welfare fraud is that the District Attorney's Office will consider reducing a felony charge to a misdemeanor.  While this was done previously now they will offer the person a deferred adjudication instead of a straight conviction.  The difference is enormous!  A straight conviction is a permanent record that may never be cleared from a person's record.  By contrast, a deferred adjudication for a misdemeanor allows a person to immediately qualify for a non disclosure that would "seal" the criminal record.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

One of the most rewarding things of being a criminal defense lawyer is the satisfied client.  Clients are especially grateful after I get their petition for non disclosure granted by the court.  While I appreciate their gratitude they fail to recognize that it is their hard work that led to successful completion of the deferred adjudication allowing them to be eligible for the petition of non disclosure.  Typically, a misdemeanor deferred adjudication is one year in duration of reporting to a probation officer,  performing community service and attending different classes.  This takes time and interferes with a person's life.  You would be surprised how many people are unable to successfully complete a deferred adjudication and thus are precluded from ever having their record sealed.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Since I am criminal defense attorney in Houston, Texas almost daily I get some form of the following question… I got probation a while ago and I want to know how I can get it off my record. First, it must be determined what type of probation you received. There are two types of probation in Texas. “Regular Probation” is a conviction and can not be “cleared” from your record. Second, some deferred adjudications may be “cleared” from your record. The instrument used to “clear” a deferred adjudication from your record is called a Motion for Non Disclosure. Some deferred adjudications may be “cleared” immediately after sucessful completion. Others may take as long as five years and some are never eligible for a Motion for Non Disclosure. Please keep in mind that most government agencies will still be able to see that deferred.

There a lot of attorneys that tell their clients that a deferred adjudication is not a conviction. This is correct, but anyone with access to public records will find your deferred adjudication until you have your Motion for Non Disclosure granted by a court. Therefore, if possible get your Motion for Non Disclosure filed as soon as possible, if you are eligible.

If you need assistance with clearing your record in Houston, Harris County, Texas please contact our law firm at (713) 242-1779 or visit our website at www.mmalaw.com.

• Email This
• Print
• Comments (2)
• Trackbacks
• Share Link