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baldeagle wrote:

USA1 wrote:

baldeagle wrote:the deferred adjudication will remain on your record unless you affirmatively take action to have it legally removed from your record via expunction. Although it would not be a conviction (if successfully completed), it could still work against you in cases of prospective employment, attempts to find housing or to conduct business (e.g. obtaining loans).

baldeagle, I'm not so sure I agree with this statement.

Having successfully completed the terms of a felony deferred adjudication myself from way back, it has been my understanding that it does not go onto my record. I understand that it must be disclosed for the purpose of applying for a CHL but other standard background investigations should not reveal this information.

A lot of people believe this, but it's not true. The deferred adjudication will remain on your record unless you take affirmative steps to have it removed. You can file a petition of nondisclosure or file for an expunction (but not for felonies). Expunction is better for you, because you can honestly and legally answer No to both have you ever been convicted and have you ever been arrested. Your record for that charge is erased. With a nondisclosure, the police will know about it but cannot reveal it to the public. If you haven't done that, you should consult a lawyer. It might be worth it for you to pay for a background check to see if your record is revealed that way before paying for a lawyer.

Please note that I am not a lawyer. These are my opinions based upon my reading of the statutes as well as the opinions of lawyers who have written about this on the web.

almostfree wrote:It will appear on your record as an arrest and it will often show that the charges have dismissed or that the disposition is unknown. Unless you take the step of having an order of non-dislosure granted by the court, this information will be available to the public.

Are deferred adjudication records public?
Yes. Although there is a common misconception that deferred adjudication records are removed from a defendant's criminal history upon successful conclusion of the community supervision (probation) period, the law does not provide for automatic expunction of deferred adjudication records

Can deferred adjudication records be made non-public by request?
Yes, in some instances. There are two ways that deferred adjudication community supervision records can be made non-public:.
(1) Class C deferred adjudications -- By filing an expunction under Article 45.051(e), Code of Criminal Procedure (if the Class C deferred adjudication was imposed in justice court or municipal court); or by filing an expunction under Article 55.01, Code of Criminal Procedure (if the Class C deferred adjudication was imposed in county or district court). Expunction is not available for deferred adjudication sentences for Class B, Class A, or felony offenses.
(2) Petition for nondisclosure – Under Section 411.081(d), Government Code, a court can prohibit criminal justice agencies from disclosing to the public criminal history record information related to certain offenses for which the offender was placed on deferred adjudication. There are many offenses, however, for which this procedure is unavailable. Moreover, a defendant may be disqualified if he commits an offense after the deferred adjudication has been completed and before filing the petition. Click here for a link to Section 411.081(d).

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baldeagle wrote:the deferred adjudication will remain on your record unless you affirmatively take action to have it legally removed from your record via expunction. Although it would not be a conviction (if successfully completed), it could still work against you in cases of prospective employment, attempts to find housing or to conduct business (e.g. obtaining loans).