Testimonials

Testimonials From Those Who Have Taken Deferred Adjudication In The State Of Texas

Posted: Sun Nov 20, 2005 1:37 pm    Post subject: 04/27/2006  2:30 AM   In March of 2005, I applied for a loan officer license with the Texas Department of Savings and Mortgage Lending. This license was denied. I appealed this decision and was granted a hearing. On April the 25th I received the Proposal for Decision from the Administrative Law Judge. He also denied my license on the grounds that I had a conviction on my record. In 1988, I was arrested for possession of a controlled substance. I was a passenger in a vehicle where drugs were found. All parties were arrested. I was only 20 at the time of my arrest( I am now 39).  I followed my attorneys advise and accepted deferred adjudication probation. I had been incarcerated for over 4 months and this was my only hope of release.  He assured me, that upon completion, there would not be a conviction on my record and that my record would be wiped clean.   So it seemed like a great solution to the problem. In 1995 I had another incident. I was almost sexually assaulted and in self-defense I threatened to kill the man with a .25 that I carried for self-defense. At that time, I was involved in a custody battle over my children. My attorney advised me that it was a 50/50 chance of winning. He further advised me to take the deferred instead of risking a trial. At the time, it seemed like the best option to ensure that I did not lose custody of my children. Both my attorney and the judge told me that upon completion of the probation, that there would be no conviction on my record and the whole incident would be removed. That was a complete misrepresentation of the facts.     When I applied for my license, there was a question concerning whether or not I had been convicted of a felony. It stated that deferred was considered a conviction. I was uncertain if the question was asking if I was currently on probation or not. It has always been my understanding, that upon completion, the case would be removed from my record. So with that in mind, I called the department to inquire about whether or not I had to disclose this since I had completed the probation (unaware that an order for non-disclosure was necessary). The staff simply stated that they could not tell me how to answer the question. If I did not understand to leave it blank and someone from the department would contact me to discuss further. So I did as instructed. In order to apply for a license, you must have a sponsor. My mentor and senior officer for the company lost my original application. He then proceeded to complete the new application for me. There was certain personal information to fill in, but he had access to this information in a file in the office i.e. dob, ss #, and dl #. The application required a notary seal as well. The same person who notarized my signature the first time works in our office. The senior officer then met with me to sign a new signature page. The same notary signed the new page the next day. I was unaware that he had answered the question about deferred as no. My sponsor testified at my hearing that he was the one that had filled in the no answer, and that I was unaware that he had answered the question no.     In conclusion, the judge has concluded that deferred is a conviction and that I falsified my application with the no response. He further concluded,  that even if I had not been the one to answer the question that obviously I understood the question enough to question what it meant. furthermore, my moral integrity, honesty and trustworthiness are in question. Documentation was supplied to support my moral integrity, honesty and trustworthiness and he acknowledge that documentation. Since completion of deferred, I have been given FAA security clearance, FEMA (Homeland Security) during the Katrina & Rita relief, DPS and other agencies. I was previously a retail manager with access to employee’s records, large amounts of money, personal information, and etc.,   I also was a shelter director for FEMA, with access to  SS#,  DL #, and  ID information on hundreds of evacuees. I am currently a Co-Youth director, President of the board for the homeowner’s assoc., and the Youth choir director. In spite of all of this, the state is denying me a license. They state that I am convicted of a felony and that they are satisfied as to my moral integrity, honesty, and trustworthiness because of my background and falsified my application.     At this time I have one chance to file an exception to this ruling. The deadline is 5:00, Friday, April 28,2006. This license means everything to me. Not only did I have to take classes to qualify, I also had to take a test and pay an application fee. I have over two years invested in this career. It is also my primary means of support for my family. I fail to understand why the federal government believes that I am not a convicted felon, but yet the great state of Texas perceives otherwise. I believe that I have proven my moral integrity, honesty, and trustworthiness. Why am I still being punished for something that I was not convicted for as outlined by the State Criminal Code of Conduct? Deferred Adjudication is NOT a conviction and should not be treated as such by government agencies that twist the law around to fit their own interpretation of the law. I believe that is the job of the Supreme Court. It is defined as rewriting the law without judicial power to make the law.     If I can win this appeal, it will redefine case law and set the standards for other persons attempting to make something of their lives and once and for all be accepted by society. I am entitled to the same rights as any other person that has never been convicted of a crime under State Law; therefore I am entitled to be licensed like any other person. It is a gross injustice that a convicted killer can receive a pardon and be eligible for a license, but I cannot, even though I have not ever been convicted of a crime. They can even go on to be lawyers and judges with a pardon. Yet, I cannot, because I accepted deferred adjudication.     I am asking for any help that you might be able to offer in this matter.   Sincerely,   Tamera L McLaughlin     1/31/2006 12:36 PM Rob, Is there any way to get rid of D/A? I have a completed probation for something stupid in highschool and now I am in the finance world and DA (deferred adjudication keeps getting in my way. Is there any thing I can do? Of course I wouldn't have taken D/A if I knew what a pain it was. My lawyer told me it wouldnt be on my record but thats obviously not true. Thanks, Shane Swanson   10/31/2005 1:29 PM I just wanted to thank you for your efforts in what you are doing. I was guilty by association in a felony case and very young. My parents listened to an attorney who told us it would cost thousands of dollars to prove my innocence and recommended that I take DA instead. He told my father not to worry cause this was not a conviction. I did so and then found out two years later what really happens...nothing different than being found guilty. You have to admit to your charges in order to recieve DA so therefore prespective employers believe you are a bad person. No matter what other great accomblishments you have achieved or what you have done to right your wrongs or what you have given back to your community...basically, unless you are a RAP star or a celebrity, you will never get that better job or a executive level position in a big firm even though you have the education and training to do so. I think the court ought to have a seperate document that the defendant has to sign that says he understands this procedure is not expungeable unless pardoned by the governor and these actions will be effect everything you do from that moment forward. Thanks againTommy Goodson   Posted: Sat May 28, 2005 10:13 pm      Post subject: E-mail from Don & Linda McKenzie -------------------------------------------------------------------------------- First, I would like to say I think what you are doing with this organization is wonderful and I pray that God will be with all of you.  My husband is usually the one to handle things like this  letter I am writing you. He is great at dealing with people who commit wrongs against other people.   He is not a lawyer - but should have been!  He is in the process of being a legal adviser to our daughter.   We currently cannot afford to hire the services of a lawyer.   The Texas State Pharmacy Board recently took away her pharmacy technician's license.   She had been a pharmacy technician for 3 years with an absolute perfect record. She made a mistake and will now be paying for it the rest of her life.  The really incomprehensible part about all of this is that the state of Texas paid for our daughter to attend school to become a pharmacy technician, knowing that she had a previous deferred adjudication and now after completing school and working in her field for 3 years,  they have now decided to prohibit her from working by denying her a license!  We are currently negotiating with attorneys representing the state board in an attempt to get her license back so that she can continue working to support her and her young daughter.  The next hearing is scheduled for June 16, 2005.   My family would deeply appreciate your earnest and thoughtful prayers! Sincerely, Don & Lina donmckenzie75482@aol.com   Posted: Sat May 28, 2005 10:09 pm    Post subject: E-mail from Beverly Blaha Lanfear -------------------------------------------------------------------------------- Hi, my name is Beverly Blaha Lanfear. First I want to thank you and Rob. for such an outstanding job you guy's are doing. I have joined the *forces*. Like I told Rob, no matter the out-come of my son's on-going case, I'm here to stay. What a hell-of-a way to have my eye's REALLY opened up, over our corrupted justice system. I need a little help, I have another critically major issue I would like to put before the Senate. Is there a guide to hep me out with these procedures? Thanks for your time. Sincerely, Bev. blanfear@wcnet.net Posted:May 28, 2005 10:06 pm     Post subject: E-mail from Angel Anderson -------------------------------------------------------------------------------- Why don't we go public and on television with this issue? angel_i_78@yahoo.com   Posted: Sat May 28, 2005 9:59 pm    Post subject: E-mail from D. Dawson -------------------------------------------------------------------------------- Valente Thanks for getting involve and being an advocate for those of us on DA. I have an elementary question, is there a difference between having your record sealed, or filing a motion for a Non- Disclosure? I want to help out more, but some of this seems a little overwhelming, I have no clue who my House Representative is or how to rearch him or her. I can say one thing if give an assignment and little guidance I have prove to be very effective. Thanks, D. Dawson Dawson62@hotmail.com   Posted: Sat May 28, 2005 9:59 pm     Post subject: E-mail from Bob Gordon --------------------------------------------------------------------------------   would like to help, you can contact me at ***-***-**** rjg007robert@aol.com   Posted: Sat May 28, 2005 9:57 pm    Post subject: E-mail from Christi -------------------------------------------------------------------------------- Four years ago when I was 18 I was arrested for theft (class B Misdemeanor)and was placed on and successfully completed deferred adjudication. now I am 22 years old and am working on my bachelor's degree in accounting and later my masters in finance. My being arrested was he product of dating the wrong guy and just doing whatever he told me to do. Immediately upon my arrest I realized that he was bringing me down and I met a wonderful person who is now my husband. Unfortuantely I am still haunted of my past and it embarasses and discourages me every time I even think of looking for a new job because it does not matter that my record doesn't show a conviction, it might as well. Once I have my degree I pray I find employment somewhere that doesn't require background checks becuase who I was when I was 18 is not who I am now and even then, that wasn't an accurate description of who I was. I made a mistake and I try every day to forget about it. Even though I have a awesome job now making a really good salary, I am always nervous they will find out about my arrest. Do you think there is any hope for every body else like me who was placed on deferred adjudication to be able to get their record expunged? Sincerely, Christi H. hahn_1266@hotmail.com   Posted: Sat May 28, 2005 9:56 pm    Post subject: E-mail from Alan Sallman -------------------------------------------------------------------------------- I have successfully completed DA for Domestic Violence charge back in 2002. I took DA because my lawyer said it would not affect me if I completed it without problems and I didn't have the money to fight the charge in court. I was also fighting for child custody in family court and spent all my money there. I did win custody of my kids and the family court denied her request for a protective order and ruled that no Family violence occured. At the time The Family Court is what mattered most to me. Now I'm finding out that I was sucker punched. I am a registered nurse and the State Board of Nurse Examiners is about to revoke my license because They consider me a Violent offender. I have found your web site very informative and Want to say thank you. I have written many letters to state officials asking them to change these laws, but feel no one is listening. I have explained to the State Board that my case was dismissed and there was no finding of guilt, but they don't seem to care. Do you know of any one that has had similar experience and possible relief? Any information or direction would be greatly appreciated. I have been a Nurse for 15years and have never been in trouble before. Thanks again for a great job and you'll always have my support to help change these laws. Sincerely, Alan alansallman@earthlink.net   Posted: Sat May 28, 2005 9:55 pm    Post subject: E-mail from Mary Delvillar -------------------------------------------------------------------------------- Valente, you are so right. I was on probation for 2 years for a felony theft one mistake I made one mistake, I completed my probation term did everything I was asked to do but for what I can't get a job they should of just ended my life I am a mother of 3 had a great job making 15 dollars a hour I left my high paying job after I was put on probation I was scared that they would do a random back ground check and that I would have to leave my great job and everyone would look down on my I have been out of work for some time now and I am trying to get my life back together again only to be slapped in the face by employers as if I haven't gone thru enough I am at the end of my rope I feel so worthless I've even thought of suicide ending my life over and over again. I have bill collectors at my thoat , my poor kids are having to suffer for my depression I hate myself because my kids can't be kids I can't take them any where like other mothers because I don't have a job I am willing to start back at the bottom but how I am being judge for my mistake you would of thought I killed someone and I am on deferred adjudication can you imagine if that wouldn't of even been offered that to me I would of just said kill me now knowing what I am going thru now that's why people end doing a lot of the crimes they do because there is no one that will hire them All we want is some to give us a chance a chance at life again I didn't do anything that bad to deserve what Im going thru today... Mary Delvillar Bluerock1@msn.com   Posted: Sat May 28, 2005 9:53 pm    Post subject: E-mail from Mary DiBartolo -------------------------------------------------------------------------------- I am interested in deferred adjudication. I have a young adult son in prison, and he needs alternative sentencing. He is gifted, not an average Joe, and is sensitive. His girlfriend was pregnant and they fired a gun at some boys threatened he and his girl. No one was shot. Can you help us? Thank you. Sincerely, Mrs. Mary DiBartolo Maryprn@aol.com   Posted: Sat May 07, 2005 12:54 pm    Post subject: E-mail from Mark -------------------------------------------------------------------------------- I have a Deffered Adjucation in 2002 for Asslt/Fam Membr, & a Dismissed Felony for Makng False Reports in 2003. I was told by my attorney I could receive a Non-Disclaimer & Expungement for these 2 offenses, is this true??? Also, I was informed it was impossible to do either due to a new law in Houston Tx that says Deferred cases take 5 years to come off your record, also that felony cases take 10 yrs, is this true??? Please respond. Thank you, world2crazy3000@yahoo.com   Posted: Tue Apr 26, 2005 9:16 am    Post subject: E-mail from Rose Gutierrez -------------------------------------------------------------------------------- Is there something we can do about someone who signed for the DA, and now we're changing our mind about accepting the DA? Someone I know signed for DA for six months probation today, is there something we can do about it? rosiegee2002@yahoo.com   Posted: Thu Apr 14, 2005 2:35 pm    Post subject: E-mail from Sharon Allen -------------------------------------------------------------------------------- Can a judge give deferred adjudicated probation of 10 years on aggravated sexual assault of a child to a man without any evidence and no judicial confession? Thank God the man is innocent, but what if he was guilty? He was allowed to leave the Court, get into an 18 wheeler and drive the lower 48 & into Canada for the next 7 years! And, after revoking him for a Birthday card, sentenced him to 20 years and pull up an old DWI that was fully filled 12 years earlier and add it to his already erroneous file in order to cover forged documents? It's such a travesty I wrote a book on it, "A Judicial Terror in Texas." By D. Laine to protect the innocent. This war has gone on for over 16 years now and finally I have a Reporter wanting to do a story on it. Yes, it happened right here in Texas. RAllen2777@aol.com   Posted: Sat Apr 09, 2005 4:11 pm    Post subject: E-mail from David Edwards -------------------------------------------------------------------------------- I am currently a respiratory therapist without a license to practice because of an one-time mistake defending myself in a physical attack. I received deferred adjudication probation which i have served perfectly since 2001. I am about to petition the courts to be dismissed of charges soon, therefore able to obtain my professional medical license back. Also would like to keep from discrimination in finding a nice apartment to live in without a record. Once i am relieved of these charges, will my record be stricken from public record view, or what do i have to do in order to get it off my record? respiratory4404@yahoo.com   Posted: Sat Apr 09, 2005 4:10 pm    Post subject: E-mail from KC -------------------------------------------------------------------------------- I support that expungement to be allowed for the defendants who plea no contest and being placed on deferred adjudication. The case is dismissed and defendant is not convicted of any charges, the judical system should allow them to expunge the record. I would like to see it happen. When will it happen in Texas? With disposition of NFOG in Texas, can a defendant file for expunction to clear the records? tx051@yahoo.com   Posted: Thu Mar 24, 2005 6:42 pm    Post subject: E-mail from Clifford Clegg -------------------------------------------------------------------------------- I have a misdeamor assault deferred adjudication in my background and it is showing as a conviction. How can I get that changed? It is hurting me trying to get work since it comes up as a conviction. cliffordclegg@sbcglobal.net   Posted: Mon Mar 14, 2005 11:11 pm    Post subject: E-mail from Martha Harris -------------------------------------------------------------------------------- I was involved in an incident which occurred about 15 years ago and received deferred adjudication. The judge told me and my lawyer that my record would be expunged if I completed a six-month probation with no further criminal activity including a speeding a ticket. I have been "clean" for over 15 years now. I never realized that I would still be paying for my poor judgment 15 years later. I honestly thought that all this was over and it wasn't until I became an HR assistant that I realized that all this can still appear on your criminal background check. Now, every time I apply for a job, I am so afraid to put down on my application that I was "involved" in an action which resulted in me being charged with a misdemeanor which resulted in a DA. I actually get physically ill with worry. I am not a bad person, I just made a bad decision. Now, I am back in the job market and afraid this will keep me from getting another job. marthalh2001@yahoo.com   Posted: Sun Mar 13, 2005 9:31 pm    Post subject: E-mail from Denise Howser -------------------------------------------------------------------------------- MY SON IS LIVING IN CHICO CALIFORINA HE IS A 23 YEAR OLD FIRST OFFENDER. HE CANNOT FIND A JOB AND HAS A BABY ON THE WAY. IS THERE A LIST I CAN OBTAIN FOR HIM OF EMPLOYERS IN CHICO WILLING TO HIRE FIST TIME OFFENDERS? RESPOND TO: tonysporky@yahoo.com Denise Howser   Posted: Wed Mar 09, 2005 7:10 pm    Post subject: E-mail from Jinger Michels -------------------------------------------------------------------------------- Re: Rep. Dutton's HB697 What about HB433 and HB435? Although HB697's offer to reduce the time before you can file for ND seems like a good deal, it doesn't go far enough. Especially for those of us who were told over 10 years ago that completion of "deferred adjudication meant your arrest record would be removed from your files when you completed the judicial requirements" and have suffered ever since. After 10 years with a clean record, we should be entitled to an expunction....nothing else will do. Otherwise, we've just reduced the time restriction to ND and "narrowed" the scope of those who have access to information that we were told WOULD BE REMOVED. We're still susceptible to presumption, prejudice, and possible mistreatment by anyone who has access to the files. When we get pulled over for a traffic citation, we will be treated differently than others. There will still be too many arenas of employment that we will be closed to us. I believe we deserve more than HB 697 offers. After we've managed to maintain a clean record for 10 years despite continual emotional, personal, and professional "injury" because of the Texas Judicial System, we've EARNED the RIGHT to receive a TRUE clean slate not another "compromise". mmichels@txun.net   Posted: Wed Mar 09, 2005 1:07 pm    Post subject: E-mail from Jacketha Perkins -------------------------------------------------------------------------------- I was 17yrs.of age when I was put on 2yrs. of adjudication.I am now 20 and have sucessfully completed.But now what? I tried to get a non-disclosure,but they tell me that the laws have changed and I have to wait 10yrs.This was not told to me in court back in Feb.16,03,but the law has changed after I signed those papers so now what do I do? Does that really apply to me too or is there another way out for me, I have a 5yr old son that says I'm broke all of the time because I can'nt find any work. What oh what should I do?I don't have a phone and I live with my aunt. sdeb@murphy.com   Posted: Tue Mar 08, 2005 1:47 pm    Post subject: E-mail from Robert -------------------------------------------------------------------------------- I had a DA back in 1995. Completed it in 2000. then In 2002 I got investigated and indicted for failure to register. Did 16 months on a 4 year in TDCJ. My original court paper did not say nor did the judge or my atty. that I had to register for lifetime. It only said that I had to register while on probation. I even have an ORDER of Dismissal from the court Judge. And from what I read I should be under certain laws from all these amendments since before Sept 1,1995. But it is not being treated as such. doroa@nts-online.net   Posted: Mon Mar 07, 2005 8:25 pm    Post subject: E-mail from Greg Taylor -------------------------------------------------------------------------------- I was wondering if you any of the cdl schools that would take felonies because I've been out for 2 years and at my workforce center haven't called me yet on the school issue and its been two years also.I'm trying to find a job in my area but I reaaly want to drive. Thank you, Greg Taylor christaltoliver@hotmail.com   Posted: Sun Mar 06, 2005 2:45 am    Post subject: E-mail from Jason Bonner -------------------------------------------------------------------------------- Ignorance is torture. I writing you because you have the experience and knowledge of things I don't. A little of my history, I used to work at a gas/convienent store, I was the night cashier. One day I was having trouble with the receipt printer. I tried various ways to get it to work, but I ended up breaking it. So the corporately owned store just followed procedures by firing me and filing charges against me. I never done nothing bad in my whole life. Soon afterwards I started getting bonds men calling me, I didn't know what to think, then one of my family members who knows the police told me I had a warrant out for my arrest. My mom figured if I turned myself in it would look good, yeah right. I didn't know anything that was happening to me, I stayed in one jail, then transferred to Harris County Jail downtown, where I learned by another person in the waiting tank that I could get a bond and get out of jail and get an attorney to help my case. I got a hold of my mom, she got a bond, but later after everything was done, she told me that they wouldn't allow her to use the bond because I was seeing the judge the next day. I met with a court assigned attorney, that told me I could do 2 years in the penitentiary or 2 years probation, 160 hours community service, restitution on the broken receipt printer which they claimed was about$3000, yeah BS I know, and see a probation officer every month and pay dues. I was told by the probation officer that this deferred adjudication would prevent my felony from going on record and preventing work, yeah right. Everything has been completed, I got a job offer at Home Depot, filled the application out, did a background check just to find out that they could not hire me, I was like WTF?!!! Since then I have been unable to find any type of work. If a person cannot find work, they will do anything to pay the bills. This country is all about money, and doesn't care about morality; cop will put a bullet in some guy's skull for running away from them over a joint, it ain't no more about right and wrong, it's about rich and poor. Based on that I've considered, though haven't done anything yet, doing criminal activities that would provide a decent income. It's like they want me to remain a criminal, I didn't rob somebody at gun point or sell crack-cocaine, I just broke a printer and now I am being treated like a criminal, maybe I should live up to that cause it ain't getting any better(monetary living)trying to do it the legal way. Hell, I've even thought of suicide. At my wits end. Jason Bonner P.S. I can't find a job, and don't know what to do, any help in fighting this legal BS called deferred adjudication, and help in finding a job. If I were to work in another state, would my background record be brought up in employment issues? I would like to get involved in this Legal BS, but that judicial language is a bit difficult. Thank You. nagasiddha@hotmail.com   Posted: Sat Mar 05, 2005 3:28 pm    Post subject: E-mail from Sandra Lara -------------------------------------------------------------------------------- Is it too late to get involved in the legislative work your website makes reference to? sandraelara@hotmail.com Posted: Sun Feb 27, 2005 8:34 pm    Post subject: E-mail from Stanley Ruiz -------------------------------------------------------------------------------- This is the first i have ever had any background i am currently on deferred adjudication, and successfully complete it on july 17th 2005 my question is what advice or help can you give me towards employment. thank you, Stanley Ruiz rusto@yahoo.com   Posted: Sat Feb 26, 2005 6:05 pm    Post subject: E-mail from catgraf@cmaaccess.com -------------------------------------------------------------------------------- Hi Rob, I am 45, 20 years ago I fell into the drug scene which resulted in 2 felonies. 1986; 1 felony: 3 years probation, 2 felony; 10 year jail: probation reduced and case set asside (what does that mean, "set asside"?) Both sentenced at the same time. 1985; misdemeanor 6 months deferred adjudication, dismissed may 8 1986. Here is the deal I have been rehabilited,no gaps in employment since 1987. I have worked as a Manager in 2 banks. Now, 19 almost 20 years later, I have completed a degree in Business/Amin and went looking for a higher management position within other banks. So far, due to the newly created background checks that all companies seem to be doing now, I have been through very lengthy interviewing processess resulting in a final decision of "we cannot hire you due to your convictions". well 20 years later I decided to go for a pardon only to find that a Pardon will not block this information being provided to employers. Sealing of records can only be attempted if your case was a DA. What has happened to a person becomming fully rehabilitated isn't that what prisons and supervised probations are for? What can I do? Please tell that 20 years of recovery and schooling to have a better way of living was all for nothing!!! They were drug charges not murder or robbery etc.etc. I can't even get a real estate licence. Something is really wrong here!!   Posted: Sat Feb 26, 2005 5:58 pm    Post subject: E-mail from Louis E. Williams -------------------------------------------------------------------------------- Good morning sir. I am asking for any kind of help or where to goto for help. In 1984 I was falsely accused of Aggrevated Sexual Assualt w/minor child. I was given 5 year probated sentence w/deferred adjucation. In 1990 I was released from probation and a clerk changed it from deferred to true conviction. I have been turned down for many jobs in my field of work, call centers, which I have been denied employment due to this. A very nice lady named Diane, now the head clerk for the 203rd district court here in Dallas, is pulling microfiche and is helping me any way she can. I would like to have this taken totally off my record so that I can go back to making the kind of money both myself and kids and wife expect of me. Have a wonderful day! Louis E. Williams got2decide@yahoo.com   Posted: Sat Feb 26, 2005 5:56 pm    Post subject: E-mail from Annette Mitchell -------------------------------------------------------------------------------- Will i be able to find a teaching job while i am on deferred adjudication for delivery of a controlled substance??  Annette Mitchell pandyyann02@yahoo.com   Posted: Sat Feb 26, 2005 5:54 pm    Post subject: E-mail from Fatima -------------------------------------------------------------------------------- I would like to know what i have to do about getting my record expunge i am tired of working a dead end job. i have 2 kids to feed and i am a single mother. i cannot find a good paying job. there were two jobs that hired me but changed their minds because of my record. i cannot even get a non discloursure because i have to wait for seven and half years until i can even get it off my record. meanwhile i am screwed at the age of 28. i am growing weary of all this mess. the judge and attorney lied to me and i want justice. what do i do? Fatima fortisque@sbcglobal.net   Posted: Sat Feb 26, 2005 5:53 pm    Post subject: E-mail from Joseph -------------------------------------------------------------------------------- I got some misdemeanors almost 9 years ago and I have not been in trouble since. I now live in Dallas and am havinga hard time finding a job. I was wondering if you can refer me to someone to consult with on my situation Joseph austex92372@yahoo.com   Posted: Sat Feb 26, 2005 5:52 pm    Post subject: E-mail from khanh@atomicweb.net -------------------------------------------------------------------------------- Rob, Valente, It sounds like one of you may have gone thru the hell of DA. I finished my DA after 10 years of probation. I received a letter from my probation office stating I successfully completed my probation. She said she sent the same letter to the court stating that I finishe my probation without any incidents. Do I need to hire a lawyer to formally get it dismissed or does it happend as a part of me finishing my probation? I read my statements indication to file a non disclosure, you have to be discharged and dismissed? My big question is my case automatically dismissed when I finish my probation withou incident? khanh@atomicweb.net   Posted: Sat Feb 26, 2005 5:51 pm    Post subject: E-mail from Kevin Simmons -------------------------------------------------------------------------------- Do you have a standard letter written that I may edit, print, sign and mail to designated members of The Texas State Legislator? If so, please email the document to me. Thank you, Kevin L. Simmons kevinsimmons65@hotmail.com   Posted: Sat Feb 26, 2005 5:49 pm    Post subject: E-mail Katherine McConnaughey -------------------------------------------------------------------------------- Dear Rob, Is there a compiled list of the data download companies that have already bought our records? I would like to contact them and make sure that they have sealed my record, before I start the interview process. How likely are they to have updated their old files? I know about the fine of 500.00 but this doesn't seem to deter them from giving out old or false information. Please help and thanks for all that you do. Katherine McConnaughey mcconnakat@yahoo.com   Posted: Sat Feb 26, 2005 5:37 pm    Post subject: E-mail from Delia Flores --------------------------------------------------------------------------------  I too was on DA. I was charged with foodstamps fraud. And when I told them that I already started paying back a year already, they said they had no record of the records. So I was placed on DA and when I researched this and got the records my self they released my from probation and the court said that the charge will be taken off. Well needless to say its still on my record and I can't get a decent job I finished college and I can't get a job because this only offense keeping coming up to haunt me. I can't afford to pay anyone and the other agencies don't help because well I was never given a straight answer, also the judge that did my case and the Dist.Attorney has died and everyone else is telling me they can't hel[p me. This offense happened 10 years ago. Please tell me who can help me on a sliding scale that I can afford? Thank You Delia Flores delsi2814@yahoo.com   Posted: Sat Feb 26, 2005 5:35 pm    Post subject: E-mail from Annie Frank -------------------------------------------------------------------------------- Has anyone explored the possibility of bringing a class action suit against the Texas Legislature for failure to formulate a regulation that seals the records of people on deferred adjudication at the time their probation has been completed, on the basis that the current law violates the spirit of the "second chance" implied in deferred adjudication? I am interested in getting the current law changed, and even if a class action suit would not win in court, it might be a wake up call to the Law Enforcement Committee that people are upset and ready to unite to force change. Please respond with what you think. Annie Frank anniefrank@comcast.net   Posted: Sat Feb 26, 2005 5:34 pm    Post subject: E-mail from Paula -------------------------------------------------------------------------------- I have contacted several representatives (6) and senators (5), what I have found was that most haven't even heard of HB 88 or the problems with DA. They are all appalled and don't understand why this is happening and that so many people are not employable because of this. The answer I'm getting is"I will look into this matter and get back with you". Typical bureaucracy. My questionis; What has been done so far to inform and how can I assist in lobbying for this bill to be heard in the Law committee? Paula paula@indigobydesign.com   Posted: Sat Feb 26, 2005 5:33 pm    Post subject: E-mail from Ed Smith -------------------------------------------------------------------------------- Here is a copy of a letter I have sent to Gov Perry, Lt Gov Dewhurst, and all Senators/Representatives list on your site for the letter drive. Email me if you would like a copy in MS Word (.doc) format. Regards - Ed Smith February 15, 2004 The Honorable Governor Rick Perry Office of the Governor PO Box 12428 Austin, Texas 78711-2428 Re: Support for House Bill 88 “ An Act relating to the restrictions on the disclosure of certain criminal history records…” Dear Governor Perry: I am a Veterans’ Representative for the Texas Workforce Commission. I have over 10 years experience providing employment services to Veterans in the North Texas area. I am writing to you in support of House Bill 88. Since September 11, 2001, background checks for employment have become almost commonplace. Many times, the results of these checks reveal a criminal record of the applicant, and employment is arbitrarily denied based on the findings. I agree with the intent of the background checks in some situations, but many applicants are being wrongly denied employment due to misinterpretation of the law by the hiring managers or Human Resources staff. In most cases, this refers to job applicants who have successfully completed a term of Deferred Adjudication related to a criminal indictment, have been deemed by the Court to have “No Finding of Guilt”, and the indictment dismissed. This is particularly detrimental to the African-American population in urban and low-income areas, since they have historically been involved with the criminal justice system at a much higher rate than other racial groups, due to racial profiling and other factors, and have relied on Public Defenders to plea-bargain their cases instead of pursuing a lengthy and costly jury trial. Often the Defendants are promised that a Deferred Adjudication will not be recorded on their criminal record, and will not affect them after they successfully complete their term of probation or supervision. However, under current law, their criminal record still reflects an indictment, and is interpreted negatively by most employers. Interpretation of criminal law should not be left to a layman in a Human Resources office. A limit must be established to the necessity and extent of a background check, to take the guesswork out of the system. If an individual has completed a period of five or ten years, after the completion of their parole or probation, without committing another offense, it seems reasonable to believe that they are no more a threat to society than any other person, and maybe less. They have demonstrated their desire to live a productive and passive life, and are severely aware of the consequences if they commit another offense. Let me give you an extreme example of what I am talking about. One of my clients committed a car theft when he was a teenager in 1962. The Judge gave him the choice of jail or joining the US Army. My client joined the Army, and served for thirty-two years before he honorably retired with many citations including a Purple Heart. Unfortunately for him, he did not have his records sealed or expunged when he could have, and since his layoff from a manufacturing company two years ago, has been unable to obtain employment because of his indictment. As reasonable men, you and I both know that what he did as a teenager over forty years ago has nothing to do with who he is or what his capabilities are today. Although this is admittedly the most extreme situation I have dealt with on this matter, many other of my clients have completed the terms of their parole or probation within the past few years, and are being arbitrarily denied any and all employment. If we do not have jobs available, or we otherwise exclude these individuals from employment, then they will have no choice but to survive any way possible. As is true of any of us, they would probably be forced to commit crimes to do it, thus perpetuating the revolving door of the prison system. The way to break the cycle is through gainful employment. I implore you to consider and pass the HB 88 legislation as a start to the safe and practical reintegration of ex-offenders into mainstream society. Respectfully and Sincerely Submitted, Ed Smith, DVOP Texas Workforce Commission Oak Cliff Workforce Center 4243 S. Polk St.   Posted: Sat Feb 26, 2005 5:27 pm    Post subject: E-mail from Kate Smeltzer -------------------------------------------------------------------------------- After yet another afternoon of explaining my past to another HR representative, I got online and stumbled across your website. To explain the details a little, I got into a fight when I was in high school, 2 months after I turned 17. The fight itself was involuntary (I was jumped by a classmate AND her mother) and resulted not only in minor physical injury to myself, but also a warrent for my arrest (THEY called the police!). Having no experience at all with the criminal justice system, my parents and I hired an attorney and followed his advice. His advice was to cut our losses, accept the blame and plea no contest. He (and I believe the judge also) told me that I would have to pay a fine, complete 1 year probation, community service-80 hours?-and an anger management class. After successful completion, my class B misdemeanor would be dropped. Needless to say to all of you fine folks, it wasn't. That was 12 years ago. Since that time, I haven't had more than a speeding ticket-not even a car accident. I'm marrying a police officer, I have an associates, a bachelors and will be completing my M.Ed. in May with a 3.83 GPA. I have held down jobs, worked my way through school and become the best person I can be. Now it looks like I may be "permitted" to complete my student teaching since I will be under the supervision of a university supervisor, the principal and my cooperating teacher. My question to the criminal justice system at large is, Why? What am I supposed to do when not only can I not find a job but can't even get through the state agency to get certified, even though I am way more than qualified in every other way. What more can I do? My question to you is concerning the Texas State Legislature. I was told last session that there was a bill proposed that would allow for expungements for misdemeanors if certain conditions were met, such as time since dismissal, lack of repeat offenses, etc. Please tell me this is true and that there is some hope out there for those of us who are good, decent citizens getting screwed by the system! Bless you for your work! A New Fan,  Kate Smeltzer kate01@aggienetwork.com   Posted: Sat Feb 26, 2005 5:25 pm    Post subject: E-mail from Peter Brooks -------------------------------------------------------------------------------- I was a Police officer with the Northforest I.S.D for ten years. I was conficted of feloney theft in 2001. working an extra job and getting payed for work that i didn't do,a practice that the chief of police knew went on the ten years I have work for Northfoest I.S.D.. because of the poor pay condition(starting pay less than 18,000 a year). I was president of the police association,and found out that the chief of police(Chief Kerr)was not properly maintaianing the property room. I have evidence that law enforcement fail to act upon ,DA telling me that I was to low on the totem pole for them to start an investigation. I would have to go through N.F.I.S.D. chane of command. Peter Brooks ppeterbrooks@wmconnect.com   Posted: Sat Feb 26, 2005 5:24 pm    Post subject: E-mail from Hamid Wooten -------------------------------------------------------------------------------- I was recently on deferred adjudication for a crime 10 years old. Due to circumstances I defaulted on my reporting to my probation officer. I was sentenced to 90 days in county jail in San Antonio Texas, after the 90 day period I was told that my deferred adjudication was fulfilled. I lost my job due to this and each time I have tried to find another job and having difficulties. I have been living in Seattle for the last 5 years, moved here while i was still on probation. I think the background check is hindering my job opportunities. I applied for a job for a trucking company and they told me that my check showed that I was charged for Possession and trafficing. My understanding was that once I adhered to the requirements nothing in reguards to it would come up in a background check. How can I get this corrected? Hamid Wooten woodub@juno.com   Posted: Sat Feb 26, 2005 5:22 pm    Post subject: E-mail from Jill -------------------------------------------------------------------------------- I got a dui when I was 19 years old. I got deferred adjudication. I am now 40 years old and am changing careers and want to get my nursing licence. On one of the forms to see if you are eligible to get a nursing license they ask about your criminal background.....including all DA. Well I did a criminal background check on myself and the DA didn't show up there, but because they want a set of fingerprints from me I'm assuming that they are *allowed* dig deeper into my criminal background. I'm confused by this whole thing. Should I list my DA or not? I'm just not sure it will show up? Jill lcgirl714@aol.com   Posted: Fri Dec 24, 2004 6:31 pm    Post subject: E-mail from Jeremy Cerulla -------------------------------------------------------------------------------- I was talking to Rob about this and i hope it works I would like to get employersposted on the site and in this group if at all possible. what I mean is that if you are on Deferred and you have a job then tell us about it and if there is a possiblity if we can get hired there. especially if you are on it for a felony and your job knows about this. Not all of us are fortunate to be employed and it is really hard for us with felonies to get a job. Also you dont have to work there. If you know of a job that hires without doing a background check (besides: fast food, temp services, and warehouse)or if you know they will most likely hire us.It seems like more and more I turn around and noone wants to help us. I am begging each and everyone of you to help us help ourselves. I reside in Bedford Texas (Dallas-Fort Worth suburb) but thats not really the point. some of us will have a greater chance of this working as we have more people in our area. Remember strength in numbers will apply here as well. Untill this "link" is posted on the deferred website, please if you could email any job leads to Jeremy Cerulla. My email address is jcerulla@hotmail.com ---------------------------------------------------------------------- The second thing is that if you live in an appartment and your land lord knows that you are on Deferred tell us so we can possibly post a diferrent "link" on the website. Same as above applies to this as well. Help us help ourselves. All the state cares is that you pay them the fines you owe. They dont give a damn if you go homeless. Now if anyone lives in the DFW area, I live in an apartment. My apartment knows I am on DA for a felony.They wont take everyone but they took me. Until this portion is posted on the site as a link and you live in my area again Jeremy Cerulla. Email address: jcerulla@hotmail.com, I will give you the name,location, and phone number to the apts. Guys what do you think? We cant change the law today, but we can help each other out since noone else will. Hopefully if this works the way I hope it will, we can all focus on the real issue come 2005 jcerulla@hotmail.com   Posted: Thu Dec 23, 2004 8:15 pm    Post subject: E-mail from Joe Crowder -------------------------------------------------------------------------------- I am currently on DA and it is ruining my life! I made a mistake and i have not where to turn for help. I hired an expensive lawyer to handle my case resulting in DA. I left the court room thinking that i was smiled upon...:\ I know i broke the law and was punished for it. I have not missed a probation payment, meeting, completed 100hrs more community service than directed, and have made restitution. I currently hold a 3.2 GPA and work close to 12hr a day w/family. I can't attempt to move back out on my own because im a minis to society???? WTF is that. I know plenty of people who have not been arrested who could not keep up with me, and i can't get a job, rent an appartment, or even get financial assistance for school. Should i just move to France? please help. joecrowder@comcast.net   Posted: Tue Dec 21, 2004 5:24 pm    Post subject: E-mail from Candi Castleberry and Mike Wease -------------------------------------------------------------------------------- Shame on you. I am so amazed that anyone would support the notion that even though a criminal admitted to a crime (because, lets face it, deferred adjudication is no more than a guilty plea for the criminal that wishes to avoid the lawful punishments for and the public exposure of his or her acts), you people believe that the public should not be made aware of it. For example, in acts of child molestation or domestic violence, it is imperitave that these facts be accessible to the public or, at least, law enforcement. Without this crucial information history tends to repeat itself, causing much greater harm to the public than the "good" that the few who are spared a bit of embarrassement receive. You know what you did, you know why you did it and you admitted to doing it by taking deferred adjudication. Please don't feel that you are being descriminated against because of YOUR decisions, rather than accepting the responsibility and punishment for your crime. Instead of acknowledging your responsibility for your own choices, you have been provided a loophole in the law (everybody knows that it's nothing more than that in most cases) that allowed you to avoid (usually) incarceration as well as the public humiliation of an actual conviction for a crime. Please forgive me for my lack of sympathy for you and this cause. Thank you very much for providing me with the representatives' addresses. I will certainly be letting them know how *I* feel about this, as well as many of their other constituents, such as children's and women's advocacy groups. You people scare me. Merry Christmas,  mwease@joimail.com   Posted: Tue Dec 21, 2004 5:22 pm    Post subject: E-mail from Alma -------------------------------------------------------------------------------- Expunge or Seal of records? I just have a comment to make. Seven years ago my husband decided to help his little sister and two toddlers by having them move in and maybe have a chance at a better life than what they had. Well two months into her stay, one evening she had too much to drink and started bugging my then boyfriend to give her money to buy her some burgers. My husband told her to cook herself something because all he had was $9.00 to last him two weeks since he had just paid rent. She became furious and began name calling my husband. After repeatedly telling her to shut her mouth he walk up to her and picked her up and carried her into the bedroom. He then threw her on the bed and went to close the door behind him when she pulled it open and began hitting him! He then picked her up once more and threw her on the bed. Soon after that the cops showed up and told him that they were called by his sister to escort her out of the apartment. The officers then called in all of our ID's and found that my husband had a Traffic Ticket Warrant from 9 years ago. They then told him that he was going to be taken in on the warrant. The next morning when he went to see the judge he was being told that he was being charged with Domestic Violence on FM. As nieve that we both were with no monies to hire an attorney we had to go with a court appointed attorney. The attorney without hearing the facts quickly suggested to my husband to plea guilty or he would go to jail for a year. Had we known that with a jury trial he would have been found innocent of all charges he would have gone that route. Now all this haunts him and our family of 6. We have been denied apartments and he has been denied several jobs even after being a top canidate for the position. He is now being forced to live on low paying jobs, food stamps and medicaid for the 4 children because of this mess. I hope the legislation does change its laws because my husband had no criminal history other than traffic violations when this unfortunate event happened. sajmab@yahoo.com   Posted: Tue Dec 21, 2004 5:21 pm    Post subject: E-mail from Lori Baker -------------------------------------------------------------------------------- I need to know if Ill. (Chicago will let me move there with deferred. Also the LA area. loribaker2004@yahoo.com   Posted: Fri Dec 17, 2004 9:42 am    Post subject: E-mail from Casey B. Krier -------------------------------------------------------------------------------- I have a question that I am not sure if you guys can answer. I am not finding very good info on the laws of Deferred Adjudication for speeding. I have always done in the past with other cities. I get a ticket probly about ounce a year which I think is not bad. But I always been able to get Deferred Adjudication to keep it off my record. I got a ticket in Cleborne, Texas. about a week ago. I contacted to dept. and they said I could not get Deferred Adjudication because I was going 90 in a 65 on I35s. Now I got a ticket in Hillsboro 3years ago going about the same speed and they gave it to me after writing them a letter explaning that I want it. Well Cleborne will not give it to me because the judge does not alow anything over 25mls over the speed limit. My question is can he do that. I thought that law was avaialable for any speeding ticket? c_krier@yahoo.com   Posted: Fri Dec 17, 2004 9:40 am    Post subject: E-mail from William E. Logsdon -------------------------------------------------------------------------------- I have two deferred adjudications that interfere with my endeavor to gain employment. Both cases were filed by police officers with no civilians involved and in each case the police officers lied through their teeth! I am damn sick of living in a pseudo Christian police state where law, law enforcement, and government seem to be a jobs program for those individuals in our sociaty who could not possably do any thing else for a living least of all something constructive. The Harris County prosecutor and his underlings will do anything, and everything to get a conviction. It is expensive to go to trial and winning a case is almost impossable when a "jury of your piers" is nothing more than a group of people carefully picked to side with the State; people who believe that the person in question must of done something wrong to be there in the first place. Government in general has a hubris, and insularity about it that must be experienced to be believed. I do not have faith in our government anymore and believe that it has become a cruel and arrogant monster that feeds off of us like a giant leach! It just keeps getting worse! I belive that it is time to fight when enough of us have had it! William E. Logsdon welog@ev1.net   Posted: Fri Dec 17, 2004 9:38 am    Post subject: E-mail from Susanna McDuff -------------------------------------------------------------------------------- I am a 25 yr. old female who recently was put on DA for a class c felony offense. I was one class away from entering nursing school when i made the biggest and most shamful mistake ever. I cry all of the time because I have a husband and 4 yr. old daughter whom i have let down and i now know my nursing career could be a far fetched nothing. I have looked into every other area in the medical field that i would possibly want to work in, but every school does background checks prior to entrance. I feel i have a good case of why i did what i did and i am by No means a low class scumball with no ambition, I have never been in trouble before. I don't think it is fair that my life could be wasted because people want to judge a book by it's cover and not it's contents. I am intelligent and smart and i refuse to accept that I will not be able to succeed in life because i made one bad choice. It hurts alot to know I am hiding this from my father and many other family members and friends who would probably never speak to me again if they knew, but it kills me to think i may never be more than a doormat. PLEASE let me know what to do to help change these laws. I am desperate for my dreams to be reality. smcduff@seispros.com   Posted: Fri Dec 17, 2004 9:37 am    Post subject: E-mail from Lecia Dufresne -------------------------------------------------------------------------------- I have just been put on deferred adjudication for an assalt which was an accident.This happen between me and my husband and he was not even pressing charges. I had just finished college as a Phlebotomist. I went to school for one year and me and my husband paid for it. I am so afraid this will hurt me in keeping the job that I found just before I was put on probation, and I am concerned about my future. I have never been in trouble before and now I feel as if I am looked atand judged as a horroble person who goes around purposly, intenionally and knowingly causing injury to a human being. Beside loosing my second son to death in 97 due to SIDS this is the worse thing that I have been through, it is just horrible. I feel that this is going to destroy the person that I am and kill my soul.I am a mother of a 13 year old boy and I have to be able to support him. I feel that DA do not consider better exceptions for citizens who have never been introuble before adn for ones that have a family and a future. I tried to have this dismissed and they would not budge becasue of it being in collin county. If it were in another county my lawyer said it would have already been droped. I am only 32 and I have just finished this program in college and now I may not ever be able to use it. My school costs me 5,500 this not to include all the hard work that I put in. I feel now that I wish I did not even live in America. I now find it amazing how we are treated here and looked upon. I do apprecaite the Deferred Ajudication because they say it si nto a conviction, but i my mind I am being convicted. I have had my rights taken away I have to be on probation for one year. This occurance had nothing to do with alchol and I am told to not have one sip while on supervision. Not that I am a big drinker it is just one of the examples in which I must comply with. You say republicans did this? I see the good in this I really do and I was forced to do this, or get convicted, however I feel that this is not fair and it will be held aginst me in finding a job and in finding a place to live. I could write forever about this but for now I will close. I am going to research this some more. Right now at this point I am consiering becoming a democrat. I feel as if I will never have a life and thatI will never be respected again because fo this accident. I am not a terrible person infact I am a very good person and I love people. I do not know how to feel at this time. I guess I will see what happens with my job. If I loose my job I will loose any hope of having the life thatI deserve. I ahve told then that I was aressted but not convicted and that to was adjudicated, but if htis probation officer calls my work and treats me liek this this job may let me go. I am new and I feel like I do not even matter at this point. I feel that adjudication should be sealed or possibly expunged but they will not let them go away. It is really the same thing as being convicted becasue we have to put on job applications if we have ever had deferred ajudication. What is it all worth if in the end we loose? Star29232@yahoo.com   Posted: Sat Dec 04, 2004 4:14 am    Post subject: E-mail from Stephen J. Cerulla -------------------------------------------------------------------------------- I am on deferred probation for Reckless indangerment to handicapped/ Criminal Neglect. My arresting offense was sexual assualt. I plea bargained and am currently serving a 3 year probation. It will complete this in Feb. of 2006. I am currently unemployeed and would love any information that may be helpfull. This matter is causing me to apply for food stamps and rent assisstance. What in Gods green earth can I do to be a normal part of society again? Also, I go by my middle name "Jeremy". Can I use that as my first name legally on a job application? Any assistance would greatly be appreciated. Thanks, Stephen J. Cerulla jcerulla@hotmail.com   Posted: Sat Dec 04, 2004 4:11 am    Post subject: E-mail from Angleia Westbrook -------------------------------------------------------------------------------- Hello, My name is Angelia. For some reason I was brought to your site. Presently, I am unemployed and desperatley seeking employment. Alot of times, I am afraid to apply companies where I am qualified because I am afraid of the "background check." Therefore, I subject myself to the lower paying companies and of course I am over qualified for those positions. During this low point of course my self esteem is down because I know I am over qualified for the job but I have to endure it because of the "back ground check." You know it hurts my heart to read these testimonies and I feel the pain. It is not fair. First your are given probation, then you sucessfully complete your probation, paying back the money you owe, fines, etc. Here you are thinking that you are finished with that part of your life and come to find out you still have to carry that burden with you for the rest of your life. It just isn't fair. I know that I committed a crime and yes I feel bad that I did. But I admitted to that crime, paid for admittion and now i am still paying. I would defintely like to move on with my life and put this behind me. With this law, it isn't allowing me to do this. I would love to get involved with this bill. I think this is the direction I need to go because I want my life back. Thank you, Angelia Westbrook awestbrook_01@yahoo.com   Posted: Sat Dec 04, 2004 3:54 am    Post subject: E-mail from Linda Jordan -------------------------------------------------------------------------------- Back in 2/4/2003 I was at the wrong place at the wrong time, and of course got put into the Deffered Adjudication program on 10/23/2003 I was given 18 months. I have been looking for a new job since my last employer went under9 which was a small business that never did a back ground check. Now that I have been out there applying for new jobs I know what to look for and how to answer thet question of convictions. I was interviewed by a major title company in my area and was given employement on 10/18/2004 and I started on 10/22/2004 I was given the letter of offer on the postion I filled out all papers that needed to be signed and all of a sudden when La Tonya from HR checked my background, called me into her office on 11/24/2004 and she asked me if I was convicted, she saw that I was under the Deffered Adjudication program. I informed her of what happen and that I have 3 more months and I was never convicted of this, she than refered to it as if I had gotten a speeding ticket which I was gulity of and that I plead my way out of it. She informed that I was fired because I lied on the application I which I did not."Have you ever been CONVICTED of a felony"? I answered "NO". "She" said that I lied on my application because I was convicted and decided to end position. I was trying to explain to her that I was never CONVICTED on any crime, and is why I got put on Deffered Adjudication since it was going to come off my record. I asked my probation officer if I answered wrong in that question and he said "No" because I never did get CONVICTED. Now if the application would have asked "Have you ever been arrested"? then I know I would have had to answer yes because I had. I think that if any person or employer says that you did get convicted just because you're on the program defeats the whole purpose of being on Deffered Adjudication. It's supposed to mean that you weren't convicted of anything and is why it's going to come off your record and given a second chance into society. I honestly think that I am being discriminated against my legally protected status just for being at the wrong place at the wrong time, and don't think that it was right for them to have fired me for something that I never got convicted of. I trully do intend to take this matter further/ possibly to the media including to political leaders. Regards, Linda Jordan ssh@comcast.net   Posted: Mon Nov 08, 2004 3:17 pm    Post subject: E-mail from John Herrera -------------------------------------------------------------------------------- Great website. Very informative. I received DA several years ago for a felony theft charge. I am currently paying restitution and until that is paid in full I am on probation. My question refers to job hunting. I always answer the questions honestly and I am upfront with the employer about pleading guilty to a Felony, but not yet convicted. I have recently come across several employers that claim that I lied on my application and that my record shows that I have been convicted of a Felony. With DA my understanding is that I am not a convicted felon unless I break the agreement with the court. Am I correct? Can I ask that employer to provide me with a copy of that information and where they obtained it? Where can I obtain my own information to see what employers are seeing about my criminal history? What is exactly shown on my record about my criminal history? Thanks for your help. John Herrera doublej@myibocs.com   Posted: Thu Nov 04, 2004 6:23 pm    Post subject: E-mail from Eric Hilton -------------------------------------------------------------------------------- I contacted you about a year ago. I am 32 years old and I am about to be released off of a DA probation in Harris County. I hold an MBA, and am very frustrated from everything I have been reading about DA.  I was told it would be off of my record if I successfully complete probation. I feel I will never be able to have a "corporate" job again. Is my education in the toilet? Thank you for your time. ehilton2004@yahoo.com   Posted: Thu Nov 04, 2004 6:22 pm    Post subject: E-mail from Ernesto Gomez -------------------------------------------------------------------------------- My name is Ernesto Gomez and i am currently in probation and under deferred adjudication. Ur website has caught my attention and i want to help. i know this effects me alot mainly because im 19 and a sophmore in college. i still havent started my life completely. this will hinder my future and i want to make a difference in my life. so please contact me and i wish to help in anyway. packers_33@hotmail.com   Posted: Wed Oct 27, 2004 3:51 pm    Post subject: E-mail from pegbell@sbcglobal.net -------------------------------------------------------------------------------- I have a deferred adjudication that is over ten years old. What can I do to seal my records? Can I do this myself or do I need legal assistance? Thank you. pegbell@sbcglobal.net   Posted: Fri Oct 01, 2004 10:06 am    Post subject: E-mail from Rogelio Regalado -------------------------------------------------------------------------------- I, like many people have had "hardships" in the past, or to put it bluntly have a criminal record here in the State of Texas (felony/non-violent), and have faced MANY troubles reestablishing myself in the community by being restricted from alot of good jobs and career-launching opportunities because of the mistakes I made in the past... I am no longer on any type of community supervision, as I thank God that this past August I completed my Parole....I am now a "free" man so to speak but still feel imprisoned by my past.... I volunteer to advocate this cause of expungements and hope to hear from you soon about how I can get involved... Thank you, Rogelio Regalado odalager2001@yahoo.com   Posted: Sat Sep 25, 2004 3:39 am    Post subject: E-mail from Randell Wheless -------------------------------------------------------------------------------- Hey Guys, The Web site for Legal Watch should be up and running by the end of next week. I have been working away deciding on what should and could be included. What would you guys think of our Governor giving a pardon to someone, but that pardon is most likely not legal. It goes to show that if the powers that be want to do something they just will, no matter what. The Brenda Loftus case recieved alot of attention in the Metroplex. Here is the letter I have sent to the Governor: Dear Governor Perry, The ability to pardon a person is one of great responsibility, and I commend your recent pardon of Brenda Loftus, but I must question if it is indeed legal for you to do so. In an Attorney General’s opinion (DM-393) released in May of 1996 addressed to then Governor George W. Bush from then Attorney General Dan Morales, it was determined that after a defendant has been released under Article 42.12 Section 20 (formerly section 7) of the Texas Code of Criminal Procedure, a pardon cannot be given because a conviction no longer exists. A pardon serves only to restore civil rights and not to restore good character. The courts and AG opinions have ruled that 42.12 Section 20 (formerly 7) does the same thing. So there can be no pardon. Just prior to Brenda Loftus applying for a pardon, a lawyer on her behalf convinced a Dallas judge to wipe away the conviction in this manner. It would seem to me and others who have reviewed the matter that this pardon is not legitimate under these circumstances, I am sure that Governor Bush would not have requested this opinion had circumstance not warranted. Sincerely, Randell Wheless ranw@swbell.net   Posted: Wed Sep 15, 2004 5:41 pm    Post subject: E-mail from ttusa2004@yahoo.com -------------------------------------------------------------------------------- I was arrested in 1999 for shoplifting, Class B. I pleaed guilty and they put me in deferred adjudication. I paid fine, finish the community service and sucessfully completed one year probabtion under community supervision. I have never done anything wrong since then. Recently, I found out that I can file the petition for non-disclosure and have my record sealed. What are the procedures to do it? What should I do during the hearing? Thank you,  ttusa2004@yahoo.com   Posted: Fri Sep 10, 2004 3:50 pm    Post subject: E-mail from Raymond Griffith -------------------------------------------------------------------------------- My name is Raymond, and I am approaching the end of my DA probation (Oct 6th, 2004). My last report to my PO (Washington county, Tx) in Sept. was a anxious one, as I was told I would no longer have to report, and after Oct 6th I should call, and request discharge paper(s). Is there anything I need to do or someone I need to call on or before then? I have completed all the terms of my DA (Community service, fee’s, fines etc.), and have had no problems. This was my first and only time of being in trouble (PCS  8/6/2004 10:16 AM I have 60 days left to my DA for phone harassment, a minor class b misdemeanor....my attorney told me that this would be expunged at the end of the 180days DA....I am distressed by what I have been reading.. I have had my career destroyed by this, thanks to my ex-husband and his vindictive conspiracy to ruin my credibility and character due to filing for my grandparents' rights in which he and his girlfriend are taking my daughter's side of this case.... I am a former police officer, was working 9-1-1, when this occurred and have been dismissed. I cannot find employment at all in this area....and let me tell you...single people do not qualify for most of the assistance programs for paying utilities or even getting on Food Stamps. I have tried and been turned down, rudely told to go get a job....in addition, I have a Workmen's Comp injury which makes this more difficult...The employers are now asking 'have you ever been arrested' in which then you have to disclose your DA, if it has been dismissed. Thanks for your efforts. I think I need to get busy here and do my part too.. Becky Walker