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Is a Pre-Trial Diversion considered Court Ordered Community Supervision?

Discussion in 'Criminal Records, Expungement' started by wanderingturtle, May 30, 2019.

  1. wanderingturtle

    wanderingturtle Law Topic Starter New Member

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    Jurisdiction:
    Texas
    I am working on a petition for expunction following the format provided here https://www.texasbar.com/AM/Templat...mplate=/CM/ContentDisplay.cfm&ContentID=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.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I don't think it is the same at all and it seems that the first sentence may apply based upon what you've said: "Petitioner was released by the Court and the arrest/charge is no longer pending and never resulted in final conviction."

    I have found often that when a person is working on a legal matter pro se (for themselves) the local court clerk has been helpful in filling out forms or providing direct, simple guidance (although not any legal advice.) In this matter you may wish to contact the bar association about their form and make sure to mention right up front you're not looking for legal advice on your case, only some clarification on the form they have provided. Good luck to you.
     
  3. PayrollHRGuy

    PayrollHRGuy Active Member

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    A conviction cannot be overturned that never existed.
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Agreed. I think the form says to list which existed so the statements could be viewed as a multiple choice question and only the above mentioned statement could be the one to include.
     

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