? about felony expungement

i was charged w/ a state felony(TX)when i was 17, sentanced at 19 and am now 28. I violated twice, but both times worked out deals(house arrest) to keep it deferred. so in 2003 I finally got of probation and have paperwork that it was deferred.

heres the deal....i call a lawyer to see what i need to do to get it expunged so he looks it up and says that it is showing that it is not deferred and i can not get it expunged. wtf? i have the paperwork showing that it was and the system(from my lawyer)says its not. do i have a retarded lawyer? or does this happen alot? what am I supposed to do?

Go see the lawyer with your paperwork and make sure it says what you think, and exactly what he found out.

Were you charged as an adult or a minor?

as an adult, i did the "crime" when i was 16 and they waited till i was 17 so they could charge me as an adult. it was all bullshit, but i did my time and its still effecting me and it sucks.

The violations may have been deferred but you said you were sentenced for the underlying offense. You cannot expunge a guilty/no contest plea or a conviction. You can usually only expunge shit that was deferred prosecution (adjudication withheld) or shit you were acquitted for. You also usually can only get one occurrence expunged. That is probably what he meant.

Are you trying to expunge the underlying offense or just one of the violations that were deferred? If the later you can probably get one of them expunged, if the former you probably cannot.

Hope that helps. I looked into it extensively because I am going to do the paperwork for my brother one of these days.

What exactly did the ORIGINAL deal say? Sometimes even with a deferment they make you plead guilty or no contest up front as a condition of the "deferment." Then if you fuck up they can just submit your plea and bam you are guilty. A lot will depend on the structure of the deal. If you really think he doesn't know what he is talking about find another lawyer, but most likely he does.

On your original deal, did you plead to one charge? Or was it multiple counts?

one charge, engaging in organized criminal activity. it turns out i can't get it expunged, but can seal it. what the hell does that mean, and should i do it?

It will still be there if you get rearrested, but the public can't look it up.