Better than 31 years ago I was charged with Indecency with a child in the State of Texas. In 1990 I made a plea agreement with the State of Texas for an offense of Indecency with a child by contact. The presiding judge gave me Deferred Adjudication of Probation under Texas Penal Code Article 42.12 (5c). The judge explained that under this code, if I fulfilled the courts mandate to the satisfaction of the State, the presiding judge of the court has the option for early termination of the remaining probation and the State can dismiss the pending proceedings for conviction of this offense. The judge explained that the courts dismissal of the pending proceeding would mean that there would not be a recordable conviction for the offense on my record. The conditions of the probation was that I attend a State approved sex offender treatment program (SOTP). The court said that after I completed 1/3rd of my 10 yr. probation and received a successful completion certificate from SOTP, I could submit my file to the court and the court would consider my case. In 1996 (6 years later) I received a successful completion from the States SOTP. The judge ruled in my favor, he terminated the last 4 years of the probation and dismissed the pending proceedings for conviction. I do not have on record a felony conviction for this offense, but it will remain a part of my criminal history. This offense cannot be expunged under this law. Under the State of Texas Art. 42.12 (5c) 71st Legislate, the law states in part, ” If the presiding judge of the court determines that it is in the best interest of the family and defendant, the judge can move the court after 1/3rd of the probation term has been completed, to terminate the remaining probation and dismiss the pending proceedings for the offense. A dismissal under this article is not a conviction for the offense and therefore disqualifications and disabilities for a conviction of this offense cannot be imposed”. THIS WAS THE SAVING CLAUSE PROMISED ME UNDER THIS 1990 LAW.
In 1990, the registration act Chapter 62 of Texas was not imposed for this offense. It was not until 1993 that Texas made registration mandatory for Indecency With Child offenses that were CONVICTIONS. The law didn’t allow retroactive application during that time. My case was in pending status. My case was dismissed in 1996. It was in 1997 that the State made retroactive-application for sex offender registration applicable to cases dating back to 1970 that resulted in convictions. Cases that were adjudicated were not included in this post facto legislation deemed an innocent civil remedial action for public safety. Please carefully note the language under the color of the law at the time. There was a distinction between the definitions for the words conviction and adjudicated. It was not until 2005 that the Texas State Legislature passed an expost facto law requiring that all Indecency With a Child offenses dating back to 1970 for convictions or ADJUDICATIONS, would now have to register under the States Sex Offender Registration and Notification Act (SORNA).
The State now had me registering because of my 1990 adjudication. In 2010 (20 years later) the local law enforcement office called me to come in to register for an offense that under the mandates of Art, 42.12 (5c) is not a conviction and disqualification and disabilities were not to be imposed. The State of Texas reneged on the plea agreement promised me under the 71st legislature.
In 2011, I met a wonderful Filipino woman and fell in lover with her. She is a christian and a very loyal and faithful person. I have taken care of her and our little girl for 10 years now. The child bonded with me as her father when she was 5 years old and she is now 15 years older, taller than her mother. I have taken care of all their health care needs out of pocket. I put the child in a private school which is very expensive. I pay for their clothing, dental, medical, education, and bought my fiancee a new car twice because I did not want them riding on the public transportation which is not like what we have here in America. I have spent well over 200 thousand taking care of them the last 10 years.
My daughter is a straight ‘A’ honor roll student that is 3rd in her school. She wins numerous honor roll awards every year and she is so talented and smart. She sings, dances, is an outstanding artist, and super smart on the computer. Her brilliance blows me away. She is a gifted child and I am so proud of her.
Her mother is the most adorable and kindest person I have ever met. She is mother and a wife any man with half a brain would feel so blessed to have.
Unfortunately, I was denied on my petition for a K1 marriage visa by the USCIS. I was able to go see her in 2016 and immediately upon my return, I filed a petition for the marriage visa. I provided all the required documentation and photographs of our meeting.
I built her a new 2000 sq ft home so that they would have a nice home to live in. I provided records of expenses to prove that I have taken good care of them over the years. I was denied by the USCIS due to the Adam Walsh Act.
The excuse is that, I AM DANGEROUS, and have not proved to them that I am not a threat to their safety. Some pencil neck that don’t even know me decide our future fate probably in about the time it took stuff the letter in the envelope. An automated response.
I spent 20 thousand dollars for a Constitution Attorney to fight the State’s violation of my rights by reneging on the plea agreement made with me 31 years ago. My case went through the Southern District Court of Appeals and then the 5th Circuit Court of Appeals. These judge are nothing but a bunch of corrupt people that are only concerned about there prestigious position as so called judges. These judges all mutually agreed with oratory arguments that completely circumvented my rights and the law relative to my case. During my reading of there final ruling, I was perplexed as to who they were talking about. It was obvious to me and my attorney that these judges had already mutually agreed that there was no way in hell they were going to rule in my favor no matter how right I was. I have lost faith in this judicial system because of these corrupt criminals sitting in black robes in the courts.
The AWA should not be used as a tool to deny people to there inherent right afforded to every American citizen. If you are sitting in prison with a life sentence for a crime, I can understand the restriction, but for those who have been punished for their crime and paid their debt in full to the judicial system, why are we still being punished.
Final word, I have done everything that the law required of me. I accepted my punishment with out a fight. I admitted to my crime and accepted my punishment and completed my sentence. Why is it that I am still being punished, denied my right, tracked like I am a terrorist, threatened with imprisonment if I do not register every year, and being denied marriage to a woman and child that needs me as I also need them so much. They depend on me for their welfare. Why am I deemed dangerous. I wouldn’t hurt anyone ever. I didn’t rape and murder Adam Walsh.
MY father in 1979 was brutally murder by a man name Ottis Toole and Henry Lee Lucas. This Ottis Toole was the man that supposedly killed Adam Walsh in Florida. Now I am being punished for what happened to Adam Walsh when the same guy that killed him killed my daddy. WHAT THE HELL IS GOING ON HERE!!!.
Note that in all my law studies, to date, I have not found a Deferred Adjudication case similar to mine that ended without a recorded conviction. All the cases I have studied ended with a record of felony conviction.
If there is anyone out there with a case like mine, that ended without a felony conviction, please let me know.
Thanks FightAWA for giving me voice in today’s corrupt America.