Evading. I've lost my job since new ownership took over, and supposedly, my background check indicates that I was charged with a felony, and even though it was dismissed via deferred adjudication, community service, bla bla, then they can't offer me employment. It appears that my only chance is to have the record expunged, sealed, or whatever I can do. I'm under the impression that a period of 10 years will have to have lapsed since the case closed, and if so, I'm screwed. If anybody knows about this stuff, I'm all ears, or eyes.... I've been with this group for over 6 years, and it'll royaly suck to have to leave.
I don't think they expunge things any longer....I think it is on the record permanently. However, it should be listed as dismissed, so I am not sure why they could fire you or let you go over it. Dismissed could mean that Johnny Law was wrong..... Sounds like you may have a wrongful termination suit coming your way. Here is a link about it DD
DD, supposedly, the record shows that I did community service for it, and that it was a deferred case, which they take as being guilty. I haven't seen the actual report yet, as it hasn't arrived in my mail box. Hopefully, I'll get it tomorrow, and take it to see my lawyer. Thanks for all the input, folks.
Deferred adjudication is a guilty plea, it's not a dismissal. You just don't do jail time. And I don't know alot about expungements, but I believe you can't expunge from a deferred because it was part of a plea bargain. And MIP has nothing to do with whether you drank the alcohol, that's what a "minor consuming" charge is for.
the collections work i do is commercial collections work. loans for a business purpose. so usually by the time we get to bankruptcy proceedings, we either get what we get in a chapter 11 reorganization, or we get nothing because there's nothing to be had. when i say "we" i mean, my client. yeah, refman!!! the rules are stacked in your favor!!! unless of course you're trying to protect real property and i file a dreaded lift stay motion.....insert evil laugh here.
Does anybody know if felony charges prior to the age of eighteen go on your record? My friend was wondering.
Hilarious.... Everytime someone on the BBS asks for legal help, all the lawyers congregate, shoot the crap, share war stories, and leave the poor thread starter in limbo. And usually, some good samaritan (which would never be the lawyer), makes an attempt and then tells them to double check with a lawyer.
that's not true...i've seen lawyers help out here on numerous occasions. having said that..giving online legal advice is a dangerous practice if you wish to keep your bar license. we're peppered with stories of cocktail party conversations later being interpreted as the beginnings of attorney/client relationships. frightening.
My thought about deferred adjudication was that if you dont get in trouble during the time provided, that the crime is taken off of your record. Is this the case?
Interesting situation that my wife got into. She got a ticket on the way back from Austin to Houston in a little town, by a little town cop. The cop was SUPER old she said and after the initial contact with the cop, no documents ever came to her asking her to appear or send money for the speeding ticket. She waited a YEAR and then when we moved from Austin she called and told them she was moving. They acted like everything was cool as far as the processing was going. She made that call over TWO YEARS ago and still no ticket. We're starting to think it got lost or the cop dropped dead. Oh well.
Ya right, lawyers are suck hole rat b*stard sharks who will eat their own young... until you need one, then you love 'em.
I would guess that legal advice, as in any other advice is rarely as simple as a single post. Probably the single biggest reason a lot of lawyers don't want to get involved. Coupled with what MM said re: legal relationships. With that said, most of the people on this board do take the time to offer detailed and lengthy advice where applicable.
