What happens if I completed a deferred judgment and thought it was no longer open to public record but it still shows up?

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What happens if I completed a deferred judgment and thought it was no longer open to public record but it still shows up?

When I was 18 I was arrested for 2nd degree burglary (class B felony). I received a deferred judgment and completed the probation period and other classes. I was under the impression that once I completed all of this the record would no longer exist. Well, I am 25 now and I graduated from college and I moved to TX from IA and got a great job with a billion dollar corporation. My girlfriend and I are trying to move to an apartment complex and they did a background search on me and that charge came up. How? I passed my employment check. I thought it didn’t exist.

Asked on April 3, 2011 under Criminal Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Congratulations on turning your life around and all your accomplishments.  I am assuming that the arrest is what came up, correct?  That is generally because the arrest is separate and apart from the adjudication of the incident.  So while although you completed the necessary steps to having the matter resolved in your favor, the arrest for the original offense still remains.  You need to speak with someone in Iowa about expunging your criminal arrest record as soon as you possibly can.  You may also want to get a copy of the disposition just in case you may need it. At this point in time this apartment is probably not an option, correct?  Try speaking with them and explaining that you were young and foolish or whatever other explanation you have and show them the disposition.  Good luck to you. 


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