Contact your Texas Legislature.

Click the following Legislative Resources: Who Represents Me? Texas Legislature Online House of Reps. TX Senate Office of the Gov. Passed Legislation SB 1477

Texas Legislative Dates of Interest Tuesday,November 2, 2004 General election for legislative and other offices is held [Election Code, Sec. 41.002] Monday, November 8, 2004 Prefiling of legislation for the 79th Legislature begins [House Rule 8, Sec. 7, and Senate Rule 7.04(a)] Tuesday, January 11, 2005 (1st day) 79th Legislature convenes at noon [Government Code, Sec. 301.001] Friday, March 11, 2005 (60th day) Deadline for filing bills and joint resolutions other than local bills, emergency appropriations, and bills that have been declared an emergency by the governor [Sec. 5(b), Art. III, Texas Constitution; House Rule 8, Sec. 8; Senate Rule 7.07(b)] Monday, May 30, 2005 (140th day) Last day of 79th Regular Session [Sec. 24(b), Art. III, Texas Constitution] Sunday, June 19, 2005 (20th day following final adjournment) Last day governor can sign or veto bills passed during the previous legislative session [Sec. 14, Art. IV, Texas Constitution] Monday, August 29, 2005 (91st day following final adjournment) Date that bills without specific effective dates (that could not be effective immediately) become law [Sec. 39, Art. III, Texas Constitution]

 

Will the Texas Legislature do anything about Deferred Adjudication during the next legislative session in 2005?

Not if you do not contact them to let them know deferred adjudication is still broken!!!

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Disclaimer:
A lawyer is not providing this information to you; we are not lawyers, if you seek to truly understand the law surrounding a deferred adjudication then please contact a real lawyer. This information reflects the authors' views of the injustice of deferred adjudication in Texas.
Click here for a legal understanding of deferred adjudication law from a real lawyers.

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April 4, 2004

Click here to (Listen to Audio)

The Texas state legislative session starts in January 2005. For those of you who do not know it, the Texas legislature meets only ONCE every two years. What this means is that unless we are successful in getting better, more comprehensive and meaningful criminal records expunction laws passed in 2005, then it will be 2007 before we get another chance to do so! We absolutely MUST avail ourselves of this precious opportunity to pass better laws in 2005. To have to wait again until 2007 is absolutely
unacceptable to us!!!

At the present time, to my knowledge, absolutely none of the elected representatives in the state of Texas has contacted our web site/organization to try to reach out to us and work with us in drafting better laws in 2005 This is NOT a good sign for our chances in 2005. I truly think that many, if not all, of the elected reps have the idea in their heads that the DA problem was *fixed* when the Texas state legislature passed Senate Bill 1477 into law in 2003. For those of you who do not know, Senate Bill 1477 was a very diluted and watered down version of the bill that we wanted to see get passed, which was House Bill 181, which was authored by state representative Jessica Farrar (Houston Democrat). It is our expressed, and collective opinion that SB 1477 is too restrictive in who it helps and how it helps them. We have got to immediately start contacting our state reps and let them know that we want better and more comprehensive expunction laws passed in 2005, better than SB 1477 in terms of expunction benefits and better in terms of who is actually eligible to obtain expunction. We must let them know that WE are placing expectations upon THEM to take action so that we will no longer be unfairly discriminated against in the workplace and elsewhere.

It is a now a highly known fact that the Republicans now control all the important offices, at every level (municipal, county, and state) in the state of Texas. During the previous legislative session in 2005, every piece of deferred adjudication related legislation was drafted by the Democrats; and all of their proposed legislation was defeated by the Republicans ...except the diluted and watered down bill, SB 1477.
More than likely, even if we could find a Democrat to once again draft and carry an expunction bill for us again, more than likely the Republicans would defeat that bill once again. This is truly sad ...because this is most assuredly NOT a partisan issue; both Democrats and Republicans have been horribly affected by the debilitating effects of DA. Therefore, what we need to do is for *** EACH AND EVERY ONE OF US *** to individually contact the following Republican state representatives and let them know that the Deferred Adjudication problem did ***NOT*** get fixed by the passage into law of SB 1477 and that WE do expect THEM to pass REAL expunction relief law in 2005. These are the following Republicans which you need to contact....and why they in particular should be contacted.

(1) Representative Suzanna Hupp

District Office
P. O. Box 751
Lampasas, TX 76550
(512) 556-8954

She should be contacted because I feel that our best chances of getting good laws passed lie with her. She actually supports the notion of individual privacy rights and even co-sponsored HB 181 with Democrat
Jessical Farrar in 2003.

(2) Representative Joe Driver

District Office
201 South Glenbrook Dr.
Garland, TX 75040
(972) 276-1556

He should be contacted because he was the Chairman of the House Law Enforcement Committee in the last legislative session in 2003. It was in Joe Driver's committee where our bill that we wanted to get passed, House Bill 181, died. We have sources who told us that Mr. Driver refused to let our bill come out of his committee so that it could be voted on by the entire Texas House of Representatives and then sent to the Governor for his signature to be passed into law. We must let Mr. Driver
know that we expect him and his fellow lawmakers to allow passage of bills into law which were very similar in style and content to the bill we wanted to see get passed, HB 181. He is very key to our chances!

(3) Representative William Hartnett

District Office
9713 N. Central Expwy.
Dallas, TX 75231
(214) 891-1776
(214) 891-1693 Fax

Mr. Hartnett is the Chairman of Jurisprudence in the house and will therefore be very crucial to our chances of winning better laws.

Some Guidelines to go by when contacting these people.

Be nice to these people. Remember, above all, these are people who can actually "make or break" us as far as winning better laws for our cause.
However, you must be firm in the expectations that we wish to set upon these folks. When contacting them, it is vitally important to put the idea in their minds that SB 1477, passed during the last session, did not go far enough in helping the majority of people with DA on their records. Tell them that SB 1477 is too restrictive in who it helps and how it helps them.
Let them know that SB 1477 calls for having to go in front of a judge to get a final ruling before you are allowed an "order of non-disclosure" from the judge. Had HB 181 passed into law, then your records would have been automatically expunged after a reasonable amount of time had passed. Tell them that (HB 181) is what we want to see get passed into law. When contacting these elected reps, it is worth bearing something else in mind:

Most of you will not actually be living in the districts that these elected representatives are representing. You will need to do two very important things. (1) Write a very detailed letter describing who you are and what your expectations are as far as getting new and better laws passed. Send this letter to them through the US Postal System. Do NOT count on e-mail.
Most of the time, these people receive tons of e-mail and do not have the time or staff to answer it all. However, they DO tend to read letters that have been sent to them via the US Postal system. I advise you to get their attention even more by sending your letter as a "registered" letter. It will cost a little bit more...but it will definitely get their attention. Finally, in about 2 weeks after mailing this letter to them, follow up with a telephone call. Be courteous, but insist on being able to talk with the elected rep in person. This will get the message to them that we are NOT going to go away until this problem gets fixed....and gets fixed RIGHT! When you are talking with them, just remind them that you sent them a letter and that you are counting on them to draft legislation similar in style and content of our earlier bill, House Bill 181. Finally, thank them for their time and remind them that you will be monitoring the progress of their work on this issue and that we plan to contact ALL of our elected reps on this matter. One last thing....all of these efforts will be for nothing if they are not sustained and followed up on. What this means is that we have to stay right on top of the situation. What this means is that WE should be calling their office once every two weeks just to check back in with them and let them know we are watching. If enough people are doing this ....don't you think that they will soon get the message and realize that this problem is NOT going to go away until it is dealt with once and for all? Okay folks ....there it all is. The rest is up to you!

To better help give us all a good idea as to who is participating in this and also to improve the motivations and morale of all of us who are engaged in this struggle, we are asking that you all post your experiences, thoughts, feelings, and concerns in our Discussion Forums so that we can all see what everybody else is doing. This will serve to keep morale up and it will also serve to remind all of our web site visitors that we ARE SERIOUS about winning *** REAL *** expunction relief law in 2005.

Let's all work together and do this. Together, lets end all of this deferred adjudication madness in 2005!

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What Does Texas State Law Have To Say About Your Legal Status AFTER You Have Successfully Completed Deferred Adjudication?

P L E N T Y  !!!

What doe Texas State Law have to day about your legal status after you have ... (Listen to Audio)

Okay, you have just successfully completed all of the terms of your deferred adjudication;  you paid all of your court fines/costs,  you successfully completed all of your court ordered probation/community supervision provisions.  You are determined to not ever get arrested again.  You are now ready to move forward with your life.  You go to apply for that dream job or perhaps you make application to lease that sharp looking apartment situated in the nicer part of town.....and then...

WHAM!   For the very first time ever,  reality starts to sink in, and it bites you all the way down to your core as you begin to realize that your attorney, who once told you that if you completed all the terms of your deferred adjudication (hereafter referred to simply as "DA"), then your record would be  "wiped clean"  (whatever that means).  The burning sensation becomes even more intense when you realize that your attorney, whom you have just paid many hundreds, if not thousands of dollars for his/her services, has lied to you and that your record has NOT been   "wiped clean"  after all.  While it is true that you have not incurred a  "final conviction"  on your record  (assuming you successfully completed your DA),  what your lawyer conveniently neglected to mention to you is that the following two legal documents  ARE  available for the whole entire world to see, including  potential employers,  apartment leasing managers,  volunteer agencies,  friends, spouses,  credit reporting bureaus, insurance companies, banks, credit unions  (you get the picture):  Those two documents/records are:

Those two public records will be on public display for the rest of your life.  And I can guarantee you that they are going to cause you major problems - if not right this very second then for sure later on down the road at some point!  And make no mistake about it, employers, apartment leasing managers, etc.  WILL treat your arrest record and deferred adjudication as though it were a conviction, even though it is not, as defined by Texas state law!

So,  does Texas state law have anything to say about how you, as an individual, can legally be treated?  You better believe it does!  Keep reading.....you might be shocked and even treated to a rather pleasant surprise!

Article 42.12 Sec. 5(c) Texas Code of Criminal Procedure states in part:

On expiration of a community supervision period imposed under Subsection (a) of this section, if the judge has not proceeded to adjudication of guilt, the judge shall dismiss the proceedings against the defendant and discharge him. The judge may dismiss the proceedings and discharge a defendant, other than a defendant charged with an offense requiring the defendant to register as a sex offender under Chapter 62, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, prior to the expiration of the term of community supervision if in the judge's opinion the best interest of society and the defendant will be served. The judge may not dismiss the proceedings and discharge a defendant charged with an offense requiring the defendant to register under Chapter 62, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997. Except as provided by Section 12.42(g), Penal Code, a dismissal and discharge under this section may not be deemed a conviction for the  purposes of disqualifications or disabilities imposed by law for conviction of an offense.

Regarding the dismissal of charges pertaining to a defendant having successfully completed his/her court ordered deferred adjudication,  Art 42.12 Sec 20 (a) Texas Code of Criminal Procedure states:

"At any time, after the defendant has satisfactorily completed one-third of the original community supervision period or two years of community supervision, whichever is less, the period of community supervision may be reduced or terminated by the judge. Upon the satisfactory fulfillment of the conditions of community supervision, and the expiration of the period of community supervision, the judge, by order duly entered, shall amend or modify the original sentence imposed, if necessary, to conform to the community supervision period and shall discharge the defendant. If the judge discharges the defendant under this section, the judge may set aside the verdict or permit the defendant to withdraw his plea, and shall dismiss the accusation, complaint, information or indictment against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted or to which he has pleaded guilty"

And finally,  you can read the full text of  what former Texas Attorney General Dan Morales ruled in  Opinion  DM-349, dated  May 31, 1995.  You can view it in its entirety at:

                         http://www.oag.state.tx.us/opinopen/opinions/op48morales/dm-349.htm

Basically, Mr. Morales stated that a person who has completed  deferred adjudicated has not been convicted!

In other words,  if your arrest was  successfully deferred adjudicated and dismissed,  then you have legally NEVER been convicted, charges were dismissed, and you have ultimately not been found guilty!  And you are not to be treated as if it were a conviction!  That's right!  That's what the law says....read it......its right there in plain english  (ok, "legalese")  available for all to see!

So....you are now wondering.....if   Texas state law says, in writing, that you have NOT been convicted and that there was NO final finding of guilt....and you are not to suffer any penalties or disabilities,  then what legal right does an employer have to deny you employment?  What legal right does an apartment manager have to deny you an apartment?  What legal right does an insurance company have to deny you life insurance, medical insurance, or a bond?  What right does the state have to deny you an  occupational license, such as a nursing license or real estate license?

These are questions that we have been asking our state representatives for almost a year now.  In response to our questions, these state representatives have now sat up and taken notice that there is a  "problem out there that is not going to go away".  It is our purpose to continue to keep this a "front burner" issue until it has been solved in either the courts or the Texas legislature.

Many of you have written to us and asked us:  WHAT CAN I DO TO HELP?  The answer is very simple.  What you can be doing to help is this: The key to solving this legal crisis faced by so many people in Texas is, education.  What this means is that we, as private citizens affected by DA must take the initiative to contact our local/state representatives and state senators to let them know what is going on and that WE expect THEM to draft and support legislation that will end the debilitating, negative effects of DA (deferred adjudication).  This means meeting with them in person. A telephone call will not do it.  An e-mail will not do it.  A letter will not do it.  It has been our experience that whenever a person takes enough personal initiative to meet with his/her representative/senator in their office, it gets their attention,  BIG TIME!  I have had more than one Texas state rep tell me that the only way that THEY know what is going on about deferred adjudication (or anything else, for that matter) is when ordinary citizens like you and me contact THEM and then let them know that you wish to arrange a personal meeting with them in their office.  I cannot emphasize enough how powerful this is!  It literally gets their attention like nothing else will!  Forging personal, working relationships with these people is one of the single, most powerful things that you can be doing as a private citizen to one day secure all of your rights back as a Texas citizen.

The other thing that we as an organization need to be doing is holding regularly scheduled meetings in the various cities/towns all over Texas in the local areas that each of us live in.  This will have the effect of doing several things:

Perhaps more than anything else, we need to start having regularly scheduled meetings in your area.  We need leaders to emerge and start taking the initiative to growing this organization.  We have come a long way since September 2002 when we first started this organization, TRDA ( Texans For the Reform of Deferred Adjudication) (www.deferredadjudication.org) 

What we need is to identify, locate, and organize as many people as you possibly can.  Val and I will show you how to do this. One last thing.  In this battle , the Internet is one of our biggest allies and most powerful tools. By using various internet  communications tools, such as Yahoo Instant Messenger,  we as an organization can "chat" real-time in a large chat conference room which will allow us to hold a "virtual",  computerized meeting of all our members in the state, just as if they were all physically present in one large conference room!  This is an incredible tool and best of all, it's free.  I strongly urge you to install  Yahoo Instant Messenger if you have not done so already.  After you have installed it,  please add my yahoo id to your  "buddy list"  so that we can begin chatting online immediately.  My yahoo id is:

                     rob_sandifer2002

Installing this tool will allow us to truly work together and coordinate our efforts in an efficient, and powerful way.  Please do this as soon as possible and encourage others to do likewise. In order for you to have regularly scheduled meetings, that means everyone must know how to contact everyone else so that meetings can be planned and scheduled.  Therefore for those of you who are truly serious about wanting to one day be free from the legal ramifications of  DA, 

So,  please sign up and start making friends and contacts today!

Written by
Rob Sandifer
6/11/2003

 

 

we are asking that you fill out our online roster sheet and give contact information so that all of our web site visitors, members, and volunteers can begin to discover all of the many fine people we have in our organization and plan activities to serve your needs.  Having meetings is crucial to us growing as an organization and thereby improving our ability to deal with the issue of DA.  So, go to the link provided at the end of this article and fill out the roster sheet.  After you do that, then please start contacting the people listed who live near you.  For what purpose you might ask?  To make a friend.  To discover someone else who has suffered from DA.  Perhaps you need some possible job leads.  Or maybe you just need someone to talk to who is going through the exact same thing you are.  That is the purpose of  our organization;  to be a self-help group as well as a political action committee (PAC) dedicated to helping people help themselves and each other.