Deferred Ajudication Plea Agreement as Conviction?

[justice4jacobs]

Jurisdiction

Texas

An individual was placed on Sex Offender Registry stemming from deferred adjudication probation for Criminial Solicitation of Minor under Texas Statute 15.031 in Texas. The individual completes the States requirement for the duration of registration and also completes their probation successfully.

The state then informs the registrant in writing that their registration requirements are complete and no longer required to be a registered sex offender. Now, comes along the new federal law and the question to this group is if anyone knows the correct answer if the individual that has completed all the terms of the state is now required to re-register
under SORNA/Adam Walsh Act if they have already exited the justice system (from probation and registration requirements)?

 

[justice4jacobs]

Individual takes Deferred Adjudications to Criminal Solicitation of Minor in Texas and, is informed that its non-conviction upon successful completion of the probation but upon recent background check reveals its still conviction. Plea Bargain states non-conviction but DPS and other agencies disagree and asks defendant to go back to court to fix the issue.

Isn't the contents of written plea agreement a valid proof of non-conviction and also an acceptable document from court?

 

[army judge]

Individual takes Deferred Adjudications to Criminal Solicitation of Minor in Texas and, is informed that its non-conviction upon successful completion of the probation but upon recent background check reveals its still conviction. Plea Bargain states non-conviction but DPS and other agencies disagree and asks defendant to go back to court to fix the issue.

Isn't the contents of written plea agreement a valid proof of non-conviction and also an acceptable document from court?

The plea agreement can't void state statute.

You can't fix it by going back to court.
The plea agreement is ironclad and can't be appealed.
The time to have questioned this was before you took the plea.

Bottom line, pleading guilty to a crime and getting a plea as to deferred adjudication is meaningless where a felony is involved.

But, it allows tap smart prosecutor to snooker a criminal into copping a plea.

 

[army judge]

An individual was placed on Sex Offender Registry stemming from deferred adjudication probation for Criminial Solicitation of Minor under Texas Statute 15.031 in Texas. The individual completes the States requirement for the duration of registration and also completes their probation successfully.

The state then informs the registrant in writing that their registration requirements are complete and no longer required to be a registered sex offender. Now, comes along the new federal law and the question to this group is if anyone knows the correct answer if the individual that has completed all the terms of the state is now required to re-register
under SORNA/Adam Walsh Act if they have already exited the justice system (from probation and registration requirements)?

Federal law trumps state law everyday and one extra day every four years.

Again, you lose.