QUESTION

Eligible for expunction or nondisclosure

Asked on Jun 10th, 2014 on Criminal Law - Texas
More details to this question:
Arrested on felony charges for family violence/bodily injury. Plead guilty to class c misdemeanor (simple assault) in 2010. Can this be expunged or nondisclosure? And can I own a firearm?
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1 ANSWER

If you pled guilty to the Class C and were finally convicted, you cannot expunge that offense. However, if you plead guilty to the Class C, and were given deferred adjudication, you may be able to expunge that. The felony charge is trickier. Basically, it depends on how the case was handled procedurally. If the State dismissed the felony indictment (or information depending upon where it was in the process) and refiled a Class C Assault, you should be able to expunge the felony filing, generally. Beware, Art. 55.01 places certain limitations on eligibility based on the charge. So, Assault-FV may be excluded. So, if the original case was dismissed and it was refiled, you should call an attorney to pursue it further.  If you simply plead to a reduced Class C offense under the original felony cause number, you will likely not be able to expunge it. Nondisclosure only applies in cases where you were given deferred adjudication, and successfully completed it.
Answered on Jun 10th, 2014 at 3:13 PM

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