Since I am
criminal defense attorney in Houston, Texas almost daily I get some form of the following question... I got
probation a while ago and I want to know
how I can
get it off my record. First, it must be determined what type of probation you received. There
are two types of probation in Texas. "Regular Probation" is
a conviction and can not be "cleared" from your record. Second,
some deferred adjudications may be "cleared" from your record.
The instrument used to "clear" a deferred adjudication from
your record is called a Motion for Non Disclosure. Some deferred adjudications
may be "cleared" immediately after sucessful completion. Others
may take as long as five years and some are never eligible for a Motion
for Non Disclosure. Please keep in mind that most government agencies
will still be able to see that deferred.
There a lot of attorneys that tell their clients that a deferred adjudication
is not a conviction. This is correct, but anyone with access to public
records will find your deferred adjudication until you have your Motion
for Non Disclosure granted by a court. Therefore, if possible get your
Motion for Non Disclosure filed as soon as possible, if you are eligible.