State committee evaluates probation

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 Kyle Hoelscher said.

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. Terry Canales, D-Edinburg.

Attorney Mark Gonzalez said he sees it often. The accused will go into court without an attorney and be told they can plead guilty for a quick fix or take deferred adjudication.

"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 Texas A&M (University) Corpus Christi if you take that conviction of possession of marijuana. I can't do that because I don't represent those people," Gonzalez said.

In June, 56 people facing felony charges and 60 facing misdemeanor charges were placed on deferred adjudication in Nueces County, said Javed Syed, director of Nueces County Community Supervision & Corrections.

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. Abel Herrero, D-Robstown, is seeking input as it prepares for the 84th Texas Legislature, which begins in January.

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