My under-age child got a minor in consumption charge. How will this affect his permanent record?
My 19 year old received deferred adjudication two years ago for open container. Now he has just received an MIC in Williamson County, Texas. Does the deferred sentence "count" as a prior conviction? Can he request deferrment on the MIC charge, since it's a different charge than the open container? What is the punishment he faces for MIC, and how does this affect his permanent record, since he's a minor? Can he expunge his record when he's 21? Thank you!
Round Rock, Texas
Juvenile Crime Law
Is this objectionable?
Lawyer Answers
An answer to this question really depends on the terms of the deferred adjudication. Generally with a deferred adjudication, if the accused complies with terms (by not getting into trouble) for the period of time defined in the courts order, then the charge goes away as if it never happened. In that case it should not count as a prior conviction. Your 19 year old can certainly request deferred adjudication for the MIC charge. It's up the judge whether or not to grant the request. If in fact your child has a record at the time he or she turns 21, they can seek an expunction. The state may object. Of course, a judge will have the final say.
