05-19-2008, 06:40 PM
|
|
Senior Member
|
|
Join Date: Nov 2006
Posts: 1,370
|
|
Quote:
Originally Posted by Tammie
In 2002 I Was Charged With Child Abandoment With Intent To Return In The State Of Texas. My Lawyer Suggested That I Plead No Contest. I Stressed My Concern About Receiving A Felony ON MY CRIMINAL RECORD .he Informed Me That The District Attorney Is Offering Me Probation Deferred Adjudication. He Assured Me Employers Wouldn't Have Access To That Information, So i agreed To The Sentence. In 2006 I Succefully Completed The Probation But The Case Is On My Criminal Records And Employers have access to this informaion . I Have Been Turned Away From many Jobs Because Of It . What Can I Do? Is It Possible To Petition The Court That Information Given By My Attorney Was Not Accurate. Or Can I File For A Non Disclosure And If So How Long do i have to wait? i google this question and found that some websites said i can never file non disclosure, others say 5 to 10 years
|
Your understanding that this would not appear on your record is a unfortunate, albeit common misunderstanding. That has never, to the best of my knowledge, been the case in Texas.
I am having trouble understanding why your charge was a felony. You decline to offer any specifics, but most cases regarding abandonment with intent to return are misdemeanors, not felonies, governed by
Texas Family Code Section 152.102 and Texas Family Code, Chapter 161
which describes "abandoned" as meaning left without provisions for reasonable and necessary care or supervision.
Were there some mitigating factors that resulted in your being charged with a felony instead of a misdemeanor? Without knowing the exact charge against you, it is impossible to determine if you are even eligible for non-disclosure.
Texas Expunction/Record Sealing - Texas SB 1477 read through this site and see if you see your charge listed.
|