My question involves criminal records for the state of: Texas
I am working on a petition for expunction following the format provided here https://www.texasbar.com/AM/Template...ontentID=23459
Under section 9 of the petition, it says
"9. (List which of the following circumstances apply:
Petitioner was released by the Court and the arrest/charge is no longer pending and never resulted in final conviction. The final conviction has been fully overturned by and no other offense or charge is pending which is related to this matter. The Court did not order community supervision pursuant to Art.
42.12 of the Texas Code of Criminal Procedure.)
Petitioner has not been convicted of a felony in the five years preceding the date of arrest."
I completed a pre-trial diversion program and the charges were dismissed. Does that program count as court ordered community supervision? Do I need to delete the line that says that the court did not order community supervision? I believe that the program was not court ordered, as it was an agreement between myself and the prosecutor, and I have no records of a court order regarding it. So does that mean that I can leave the line about the court not ordering community supervision?
And does that line need to be in the petition for the expunction to be granted?
Thanks in advance for and help or insight into this.
I am working on a petition for expunction following the format provided here https://www.texasbar.com/AM/Template...ontentID=23459
Under section 9 of the petition, it says
"9. (List which of the following circumstances apply:
Petitioner was released by the Court and the arrest/charge is no longer pending and never resulted in final conviction. The final conviction has been fully overturned by and no other offense or charge is pending which is related to this matter. The Court did not order community supervision pursuant to Art.
42.12 of the Texas Code of Criminal Procedure.)
Petitioner has not been convicted of a felony in the five years preceding the date of arrest."
I completed a pre-trial diversion program and the charges were dismissed. Does that program count as court ordered community supervision? Do I need to delete the line that says that the court did not order community supervision? I believe that the program was not court ordered, as it was an agreement between myself and the prosecutor, and I have no records of a court order regarding it. So does that mean that I can leave the line about the court not ordering community supervision?
And does that line need to be in the petition for the expunction to be granted?
Thanks in advance for and help or insight into this.
Expungement and Sealing: Is Pre-Trial Diversion Considered Court Ordered Community Supervision
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