Can I get a ClassC misdemeanor expunged for a domestic violence and terrorist threat?

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Can I get a ClassC misdemeanor expunged for a domestic violence and terrorist threat?

Asked on October 19, 2011 under Criminal Law, Texas

Answers:

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

Answered 10 years ago | Contributor

If the case did not result in a conviction, then you can most likely get the class c misdemeanor expunged.  Actual convictions are extremely difficult to get off of your record.  However, other types of dispositions can result in expungement.  If you received a deferred sentence, you may still be eligible for expungement, but more likely for an order of non-disclosure (which is similar to an expungement-- but only law enforcement will still have access to your history).  If the charges were dropped, then you can petition for expungement.  The longer the time has lapsed between your arrest and the time that that you file for expungement, the better.  If the statute of limitations has run, the prosecuting office will have a harder time opposing your petition.  (If this was a serious matter, they would have filed something)  If the statute has not run, you can still file the petition.  The law just recently changed which allows defendants to file expungement petitions much sooner.  To file for the expungement or non-disclosure, make sure you consult with an attorney that regularly does expungements and has a good working relationship with your DA's office.  If they already know who to talk to, the better your chances for getting an agreed expungement for less expense. 


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