Expunction for guilty plea

Discussion in 'Use of the Law Forum & News' started by Justask, Jan 16, 2016.

  1. Justask

    Justask Law Topic Starter Guest

    Can a charge of Misdemeanor C that resulted in the paying of a fine and a plead of not guilty be expunged? The case is now over two years old, closed, and the disposition is guilty.
     
  2. army judge

    army judge Super Moderator

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    In Texas, the process of expunging a criminal record is often called “expunction.” In addition, some criminal records may be sealed by court order, called an “order of nondisclosure.” If your criminal record is expunged or sealed, it will no longer be visible to the general public, including potential employers. In most cases, you may say that you were never arrested or convicted of a crime.

    Your plea included your agreement NOT to seek expunction.
    Your Goode might be cooked, because I see this plea where SEXUAL crimes, generally against children have been plead down.

    Was your original charge sexual in nature against kiddies?

    That sounds perfect, doesn't it?

    Unless you're pardoned, ALL convictions will haunt you forever.
    Some convictions,class c misdemeanors aren't all that harmful.
    Those are the lowest order of crimes in Texas.
    I call them nuisance offenses, disorderly, drunk in public, etc...

    What was the charge under which you plead guilty?

    I see you are in Texas.
    A Class C misdemeanor is a nothing crime, often ordinance violations.

    Texas requires that you wait a specific period of time before filing for expunction if you were arrested but not charged with a crime (the last situation described above). These waiting periods are as follows:

    Class C misdemeanor, 180 days from the date of your arrest
    Class A or B misdemeanor, one year from the date of your arrest
    Felony, three years from the date of your arrest
    The statutes do not specify waiting periods for expunction if you were acquitted, convicted but found to be factually innocent, or pardoned.

    For any case in which the state’s attorney certifies that the files are not needed for a subsequent criminal prosecution, there is no waiting period.

    (Texas Code of Criminal Procedure § 55.01.)

    If you are the close relative of a deceased person who had a criminal record, you may seek expunction of that criminal record on the deceased person’s behalf. The deceased person’s record must qualify for expunction under the rules described above. (Texas Code of Criminal Procedure § 55.011.)

    Good luck, talk to a lawyer, or Google "Pro se expunction/expungement Texas"!
     
  3. Justask

    Justask New Member

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    Thanks very much for your reply.

    I am sorry. I said the plead was of "not guilty". In fact, the charge was a citation for Assault by Contact / Threat; Misdemeanor Class C. And I did plead guilt and pay a fine at the court. The case did not to go to a trial.
     
  4. army judge

    army judge Super Moderator

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    Yes, it's possible your plea can be expunged.
     
  5. Justask

    Justask New Member

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  6. Justask

    Justask New Member

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    In the chapter on EXPUNCTION OF CRIMINAL RECORDS there is a line that I needed some clarification on. It is stated that one of the requirements for expunction entitlement is that "the person has been released and the charge, if any, has not resulted in a final conviction".

    What is meant by final conviction? Is it just the Disposition of the case at the time it was closed? Is a trial required or is the Judge's acceptance of the guilty plea itself the final conviction?
     
  7. army judge

    army judge Super Moderator

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    I suspect it means that the charge must have been finalized, time served, probation served, fines paid, etc...