Q: In TX can you expunge or seal “assault of family” misdemeanor?
A: To get an Expunction in Texas, there can NOT have been a Conviction for the underlying crime. In other words, if you were charged with family assault, but went to trial and won, you could get the arrest removed. But if you took a plea or were otherwise convicted, even if you only received probation, you CAN NOT have that arrest expunged.
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A: Cases involving Family Violence or Dating Violence are NOT eligible to be sealed, even if the judge does not include an affirmative finding. In fact, the black letter law makes it impossible to seal any other case, even if it is unrelated, after you have been convicted or put on deferred probation for a case involving Family/Dating violence. See Texas Government Code Section 411.074(b)(1)(D)
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