QUESTION
i have been convicted of two 3rd degree felonies in tx can they be expunged?
Asked on Aug 08th, 2016 on Expungements - Texas
More details to this question:
the fist was purely accidental. the police officer entered my house unannounced, i had my back turned. he tackles me and im knocked unconscious due to my skull being cracked in three places. i am on bedrest at the time. i come to and somebody is on top of me i start fighting. my wife yelled that it was a cop and stop and apologize. but its too late. i got to jail and the officer spits in my face in front of several other officers. i spit back at him. bam harrassment which is my fault. anyhow, that was 6 years ago. and am wondering if it can be sealed or expunged after a certain amount of time. im trying to go to college to be an R.N, trying to better myself and want the best chance at getting my license. my state is texas if it matters.
1 ANSWER
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Unfortunately, you cannot have a conviction sealed or expunged.
However, on those facts, you should consider meeting with an appellate attorney to discuss whether a writ of habeas corpus might be worth pursuing. The writ process is expensive, difficult, and a long shot. But, a successful writ can reverse the convictions. You would have a second chance to fight the charges. I don't know enough about the case to tell you one way or another, at this point. But, that avenue is the only one availalbe to you, at this point.
Answered on Aug 09th, 2016 at 9:58 AM