How can I get an assault charge off of my record?

About 5 1/2 years ago, a neighbor came onto my property to have a confrontation with me. She was pretty much touching my nose. She hit me so I defended myself and we got into a fight. Her daughter had to pull her off. A short time later i got a card in the mail saying there was a warrant out for my arrest. I turned myself in. I had to get an appointed attorney and he gave me the advice to take the misdemeanor. I don’t think he wanted the case. This assault is causing me not to get a job that I’m qualified for. How can I get this removed off my record?

Asked on February 11, 2015 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Texas has rules which apply expunction rules to Class C charges differently than Class A's and B's.  You need to visit with an attorney that routinely does expunctions.  Most criminal attorneys will tell you that you cannot get a guilty plea expunged, but depending on how you were charged, the sentenced that you received, and the court that you landed in, you might be eligible.   There are many attorneys that handle only expunctions-- talk to one of them.  Take all of your court paperwork so that can properly assess what you were charged with and where.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I would consult with an attorney in your area.  From what you have written it does not seem that you may be eligible for expunction.  You were technically convicted of the crime by pleading guilty.  So maybe you had ineffectual counsel or you can be pardoned and then it can be expunged.  I would look in to all that as soon as possible.  Good luck.


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