Q: I was charged with a felony in texas after I was charged the law changed to a misdemeanor
So I'm wondering if I can have my charge changed to a misdemeanor or have it expunged
A: The final disposition of a case determines if it can be expunged. The fact the law has changed has no effect on your situation. Good luck.
A:
You can get the arrest expunged if:
1. No charges were filed and the time period specified in the expunction statute passed.
2. Charges were filed but later dismissed and the limitations period has passed.
3. Charges were filed but later dismissed and the prosecutor signs off on expunction.
4. You were found Not Guilty at trial.
5. You were found Guilty, but the conviction was overturned on appeal.
6. You were found Guilty, but the conviction was pardoned by the Governor of Texas.
7. You were convicted for one, and only one, minor in possession charge but now you are 21
8. Somebody else was arrested and falsely claimed to be you.
You MIGHT be able to get the arrest sealed with nondisclosure if the arrest was not for an offense involving Family Violence, murder, manslaughter, or aggravated kidnapping and:
1. You successfully completed Felony Deferred Adjudication five years ago, and have not bee convicted of any other offense (other than a traffic ticket) since you were first put on supervision.
2. You successfully completed Misdemeanor Deferred Adjudication and were not convicted of any other offense (other than a traffic ticket) while you were on supervision. Note: Some misdemeanors include a 2-year waiting period.
3. Many first time misdemeanors can be sealed even if they were resolved by jail or regular probation under a set of relatively new laws passed in 2015 and amended in 2017... check a local attorney for specifics.
The scenarios listed above are the most common methods to qualify for expunction or nondisclosure under current law but the legislature is in session RIGHT NOW and have tweaked these statutes every session for 20 years... so don't be surprised if changes go into effect either Sept 1, 2019 or Jan 1, 2020.
If you have a felony conviction it will remain a felony conviction unless you receive clemency or a new law retroactively changes the status of old convictions.
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