Is there any way to clear my record of an MIP?

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Is there any way to clear my record of an MIP?

I’m 19 just received an MIP while walking across the street back to my apartment. I had an open beer in my hand, not thinking about it. An officer stopped me and I fully cooperated and answered all questions honestly. I have never done anything like this before; I rarely even drink. Is there any way to remove this from my record (via differed disposition, etc.)? How will this affect my future?

Asked on September 24, 2011 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your ability to get this charge off your record will depend on how your plea bargain is structured.  If you sit out the charge in jail, because you don't want to report to probation, it will be considered a final conviction and will be extremely difficult to get removed later.  If you receive a strait probation, the result will probably be the same under current expunction laws. Strait probation offers are usually phrased something like, "30 days in county jail probated for six months probation."  If you qualify for a deferred, the deferred is your first best option.  If you can't get it expunged, you will still have the ability to get an order of non-disclosure-- which has almost the same effect of an expunction.  If your county offers a pre-trial diversion program, then that would be your best bet, however.  In diversion courts, you do many of the same things that you would do on a probation--- but it's not as formal of a plea.  In exchange for a successful completion, the state agrees to dismiss the charges-- which is what will look the best on your record in the long run.


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