What happens after a deferred probation is finished?
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What happens after a deferred probation is finished?
My stepson was placed on deferred probation for 2 years. he has completed it
and the probation office said he was done. We cannot get a return call from them
now. We are trying to find out if we will get a notification of some kind from the court that the case has been dismissed? He is having difficulty getting hired
and we feel it is the charge on his record?
Asked on May 23, 2018 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The probation officer won't return his calls because he is no longer on probation.
However, there are simple ways to get the information you need. Most county and district clerks now offer online access to their cases. Your stepson can go online and see the status of his case to determine if his case has been dismissed, or not.
If your stepson's case is in a county that does not offer such a service, then you or he can simply go to the county or district clerk's office and ask for a copy of the dismissal (if one exists.) County clerks usually handle misdemeanors. District clerks usually handle felonies.
As to his deferred, in general, once an individual completes their deferred adjudication, then he is discharged from probation and the case is dismissed. This should happen just as a matter of course. However, sometimes the prosecutor or probation officer will simply forget to submit the dismissal order. If this is the case, your stepson can file a motion for an order discharging and dismissing the case.
When a person enters a plea with a deferred adjudication, they are usually told that their case can be ssealed with a "non-disclosure" order. Many people assume this is automatic. It is not. If the deferred is impacting your step-son's employment options, he needs to file an application for "non-disclosure" and get his motion set for a hearing. At the hearing, the judge can then seal his records so the general public can no longer see his information. Only law enforcement and governmental agencies will still have access. If this process is a little too much, many defense attorneys can and do assist for a relatively small fee to work all the paperwork through.
Expunctions are a little trickier. They take more work and notice and are only applicable to a limited number of cases that receive deferred. However, once your stepson gets all of his paperwork, may want to have an attorney review his documents to determine if he is eligible for one of the new provisions for expunction that went into effect last year.
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