Full question:
My boyfriend is on his 3rd DWI, the first one was when he was 19 and second in his 20s and now one at 39. They have lost all evidence and he submitted willingly to a blood test. For 10 months now, he's been going to court and having it dismissed. I should also mention he's been with the same job for 18 years and has full custody of his diabetic son. Today they came back and offered State Jail Conviction with 4 years deferred adjudication instead of a felony. My question is.. if his employer pulls up his record within the next four years, is this going to show as a conviction? Or will it show if he gets in any sort of trouble during the four years? They postponed court again till next week and he has to decide to take this offer or go to trial in hopes of getting something lower and keep from getting something that he could lose his job over. Since they didn't have the blood work, they are now pursuing evading arrest since the office followed him for a mile? I think this is crazy.. but really just need some advice as to what will show up on his record during the four years? Thanks.
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Texas
Answer:
In Texas, even after completing deferred adjudication probation, the case remains part of the public record. This means that if your boyfriend accepts the deferred adjudication, it will be visible to employers and others who check his criminal record during the four-year period.
However, if he successfully completes the deferred adjudication and meets specific requirements, he may petition the court for an Order of Nondisclosure. This order can prevent government agencies from disclosing the existence of the case. To qualify for this, he must not be convicted of any other offenses during the probation period (with some exceptions). The waiting period for certain crimes is typically five years after the discharge and dismissal of the deferred adjudication (Tex. Gov't Code § 411.081).
In summary, if his employer checks his record within the next four years, it will show the deferred adjudication unless he successfully petitions for an Order of Nondisclosure after completing the terms of his probation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.