Converse, TX asked in Criminal Law for Texas

Q: How can I get an dismissed family assault charge concealed or expunged?

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

A: The case will become eligible for expunction when the period specified by the statute of limitations passes, but only if no convictions for ANY offense resulted out of the arrest and there was no probation or deferred adjudication. The limitation period is two years on a misdemeanor and three years on a felony, except Aggravated Assault which is arguably only two years per 12.03(d) Tx Code of Criminal Procedure. The limitations clock starts ticking on the date of the alleged incident, stops when formal charges are filed, and the restarts when the charges were dismissed.

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.