Eureka, MO asked in Criminal Law and Federal Crimes for Texas

Q: Who/where do i contact to get a copy of proof of dismal of my charges in san angelo texas?

My boyfriend was selling pot. The DEA agent who was there told him point blank we can see from your phone and hers she has Nothing to do with this but if you dont roll we will charge her as hard as we can. 6 months later i got a letter in the mail said charges were dismissed due to lack of evidence then they appealed behind my back 3 months before they legally had to drop it and got their charges to stick.

Also where can i go to have it removed? I NEVER GOT FINGER PRINTED, I NEVER WENT TO THE STATION, I SAT HANDCUFFED IN THE BACK OF A COP CAR FOR 4 HOURS THATS IT.

Related Topics:
1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: If you were arrested by state or local police in San Angelo, and felony charges were filed against you, then the signed dismissal (and other documents related to your arrest) should be in the office of the "District Clerk" for Tom Green County. Misdemeanor records should be in the office of the "County Clerk." The process for having records of a dismissed case removed is named "expunction" and you become eligible for it after the statute of limitations period passes. That is two years for misdemeanors and three years for most felonies but you can find the specifics in Chapter 12 of the Texas Code of Criminal Procedure. Records can be expunged earlier than the limitations period when the prosecution either recommends expunction or certifies that the records are not needed to prosecute someone else. A criminal defense attorney who is local to San Angelo should be able to help you with that.

If you were arrested by FEDERAL law enforcement agents like the DEA then you may be out of luck on removing the records because, as far as I know, the feds do not have any mechanism for expunction. I believe there is a federal courthouse in San Angelo so the clerk's office of that court would be the first place to look for dismissal paperwork.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.