State committee evaluates probation
By Krista M. Torralva, Corpus Christi Caller-Times, Texas | |
McClatchy-Tribune Information Services |
A teenager is arrested on suspicion of petty theft.
With deferred adjudication, a type of probation, the person avoids a conviction and has a clean record. Or so they think.
During a meeting Tuesday before state representatives on the criminal jurisprudence committee, attorneys, judges and representatives said the probation doesn't guarantee defendants a clean record because the arrest shows up on a criminal-background check. And that can haunt people when they apply for jobs, apartments or insurance.
"When you're applying for an apartment, does that apartment manager care whether its an official conviction? You can be denied insurance. You can be denied employment. And these people don't care if its an official conviction. It doesn't matter to them," attorney
Representatives are evaluating the effectiveness of deferred adjudication and asking the questions: Should there be an opportunity for automatic expunction? If so, what types of charges would qualify?
"A lot of people are under the misconception that if you have deferred adjudication that it won't be on your record. But the charge does stay on your record. The question is how to make deferred work so it does what it's supposed to do," said Rep.
Attorney
"I can't tell him 'hey that's a bad deal bro. That is going to affect your life.' I can't tell him 'you are going to lose your financial aid to
In June, 56 people facing felony charges and 60 facing misdemeanor charges were placed on deferred adjudication in
A person can go before a judge after completing deferred adjudication and ask for the charge to be expunged, but it can be a costly and lengthy process, attorneys said. The completion rate is typically about 70 percent or higher, Syed said.
The criminal jurisprudence committee, chaired by local Rep.
___
Twitter: @CallerKMT
___
(c)2014 Corpus Christi Caller-Times (Corpus Christi, Texas)
Visit the Corpus Christi Caller-Times (Corpus Christi, Texas) at www.caller.com
Distributed by MCT Information Services
Wordcount: | 444 |
Advisor News
Annuity News
Health/Employee Benefits News
Life Insurance News