If I have a child endangerment charge on my record, how can I get it off?

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If I have a child endangerment charge on my record, how can I get it off?

Asked on March 27, 2013 under Criminal Law, Texas

Answers:

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

Answered 8 years ago | Contributor

How and if you can get it off your record depends on what happened with the charge.  If the case was never indicted, then you could petition to have your record expunged.  Some DA's offices will agree to an expungement early, but many will make you wait until the statute of limitations has expired-- which is three years for child endangerment. 

If the case resulted in a deferred adjudication, then you cannot get it expunged, but you can request an order of non-disclosure.  It has the same effect as an expungement in that the general public will no longer have access to the info-- but law enforcement will. 

If your case resulted in a strait probation or jail/prison time, then you cannot get it expunged or non-disclosed.  Your only remedy would be to file a post-conviction writ and try to get the conviction overturned.  If there is no basis for overturning the conviction, then you will be stuck with it on your record.

If you are not sure which of these is applicable to your situation, then go to the clerk of the court, get a copy of all of your paperwork, and then arrange for a consultation with a criminal defense attorney that is familiar with expungment laws and the 2011 changes. 


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