Question:

How can I handle a deferred adjudication case?

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5 years ago a temp agency I worked for came back 6 months after I had worked there claiming I had been paid for a day I did not work. I did not know of this until a warrant was issued. I then had to go post bond, turn myself in, and sit in jail for 12 hours while I was processed. I hired a cheap attorney and she laughed at my case and told me it would be simple and that paying the money back would be my best bet. This was regardless of the fact that the timesheet that they claim I was overpaid for was signed as always. I only had worked there for a couple of months, and this was six months later so I could not honestly say if it was a day off or not. Anyway, I ended up getting deferred adjudication. Did my silly 9 months probation and was under the impression, as she had told me, that it would go away. Well, it didn't. And now I am getting turned down for work right and left because my record says theft 50-500. As if I stole a TV from Walmart or something crazy like that. No one will listen to me, they just tell me I am "uneligible" to work for them. This garbage needs to be off my record (which other than that, THERE IS NO RECORD!). I feel I was lied to about deferred adjudication. Had I known all this would be the result, I would have been determined to fight it back then. Too late now I know, and as I have never been in trouble before, I just went with what was told. Point is, now I feel screwed and any help in what I can do to resolve this would be greatly appreciated. I can't get work!!!!!!

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2 ANSWERS


  1. Most places, it doesn't go away automatically. You have to file a Motion To Expunge in a court. If granted, the court orders all the agencies you listed to remove all identifying information from the electronic reports and send the paper to the court. The court destroys it and your motion. Often, for simple things you can file yourself, you can go down and purchase from the clerk the same thing someone else filed. The problem here is, of course, that they don't have copies anymore. They destroyed them. See lawyer.  


  2. you and another million people have suffered the same. until the law is changed, and they are working on it, you just have to grin and bare it. the only people who come out smiling are the judge, DA and the lawyer. hopefully, you will get work but remember, stay out of trouble even minor bullsh*t because this can come back to haunt you. yes you and many others were lied too but that's the system as of now. it needs fixing.

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