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In most instances, it takes about 30 days to schedule a hearing date after the petition for expunction is filed. The entire process usually takes from four to six weeks. If the court grants an expungement, it usually takes up to 180 days for local, state, and federal agencies to destroy their records.
If you have been given deferred adjudication, then a judge has not technically found you guilty.Deferred adjudications will normally show up on your criminal background check. Employers will be able to see the crime you were charged with and the plea you entered at the time of judgment.
Deferred adjudication is a type of probation or, as it is called in Texas, community supervision. With deferred adjudication, your case will be dismissed and you may have your criminal record sealed from private entities.
The timeframe for receiving an expunction is (1) at least 180 days from the date of the arrest for an offense punish- able as a Class C misdemeanor, (2) at least one year from the date of the arrest for an offense punishable as a Class B or A misdemeanor, or (3) at least three years have elapsed for an offense
Violation when on deferred adjudication may result in maximum punishment. For example, if a crime attracts 2 to 5 years of imprisonment, the court may punish the violation with 5 years of jail. But in the case of straight probation, the defendant makes a plea for a 3-year sentence and is probated for 6 years.
How do I obtain an Order of Nondisclosure? In order to obtain an order of nondisclosure, you must first file a petition for an order of nondisclosure with the proper court. The petition is to be filed with the clerk of the court that handled the offense for which you were placed on deferred adjudication.
Deferred Adjudication does not disappear if the terms are successfully completed. Rather, one must file a petition for Non-Disclosure to seal the record. Some offenses are not even eligible for non-disclosure.
However, a record of the deferred-adjudication disposition will stay, absent a request for nondisclosure, on a defendant's record indefinitely. There will still be a public record of the fact that the defendant was charged with the underlying offense, even though a conviction was never entered.
You can get deferred no more than 325 times.