If you have you been arrested for a Dallas County misdemeanor, and it may be possible to have your case dismissed with the Dallas Misdemeanor Divert program, referred to as a “memo agreement”. In Dallas County, a memo agreement is a form of pretrial diversion by which your criminal charge can be dismissed, under certain conditions.In Dallas County, a memo agreement is a form of pretrial diversion which requires you to perform certain tasks (e.g., community service), in exchange for which the State of Texas agrees to dismiss your case. A similar program is called “deferred adjudication” that is not technically a conviction but appears to be [forever] on your criminal record for police to see and on your “public” record until hidden by a formal ‘non-disclosure lawsuit. An expunction erases the arrest from both public and police records.
To be considered for this form of pretrial diversion, you must never have been previously arrested or charged with a crime (aside from the offense with which you are presently charged). Secondly, there are certain Dallas County crimes for which you cannot receive a memo agreement.
Certain restrictions apply. For example, to be considered for this form of pretrial diversion, you must never have been previously arrested or charged with a crime. Also, certain Dallas County crimes are not eligible for memo agreements, such as DWI’s, assault/family violence.
Finally, you must agree with the Dallas County District Attorneys Office to perform certain tasks, in exchange for which the State of Texas will agree to dismiss your case. Additionally, you must sign a contract with the Dallas County District Attorneys Office in which you agree to either perform community service or take a particular class (or both), in exchange for which the D.A.’s office agrees to dismiss your case. For example, if you are charged with theft, you will be required to complete an anti-theft class. Furthermore, you will be required to pay a fee to the Dallas County District Attorneys Office, and to the Dallas County Adult Probation Department.
Provided you comply with the agreed upon conditions, your case will be dismissed. Additionally, if you successfully complete the program and your case has been dismissed in this program, you may be eligible to expunge the charge from your record.You are not allowed to do any of these requirements before you are accepted into the program and the program timeline is short, you should make plans before entering the program.
- An intake form to be supplied on appearance date that contains terms of program.
- Required costs must be paid at the first intake meeting with money orders payable to the offices:
- : $500 fee to Dallas County District Attorney’s office
- $125 to Dallas County Adult Probation Department
The offer from DA will set forth the specific conditions for your program in the memo agreement. You must be prepared that any and all conditions must be completed within 60 days of the Dallas Memo Agreement.
Here are a few sample conditions that may be imposed.
- You must have ½ of your conditions completed by the 30-day check-in.
- You must come to court every 30 days until you have completed the program for these check-ins.
- Drug cases require a Drug Evaluation and Drug Offender Education Program (D.O.E.P)
- Urinalysis is required twice-each 30 days, so select a convenient lab that offers this service [Google urinalysis test and the name of preferred town]
- Community Service – at least 24 hours-the probation officer will provide a list of approved agencies. If you wish to use a particular non profit agency [not related to religious], be prepared to ask for approval.
The benefit of the program is that upon successful completion, you can expunge the arrest and case filed against you so that no one, even law enforcement, will be able to see it. All charges on same occasion must be resolved by dismissal to allow you to go forward with expunction. If you are found guilty of another offense arising from same incident this will block expunction.
Until expunction is completed, the case remains on your criminal record for any background check and also available online in various mugshots websites. Once the expunction is done, your record is erased on county records, but not on mugshots. Once alerted to the expunction, most sites will remove your mugshot, but not all. In any event, you are allowed to falsely claim that the arrest NEVER occurred.