What to do about an assualt charge and my criminal record?

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What to do about an assualt charge and my criminal record?

My partner and I got in a argument. He called the police and we argued in front of them round and round. I was arrested and taken to jail and charged with assault. My partner did not write a statement and neither did I. When I was in jail I plead no contest only because I did not know what i was doing. I could not call anyone and ask because the phone in the holding tank were broke. So now I have a ticket that I have to pay which is fine but I don’t want this to be on my record. What should I do go to court and plead to a judge?

Asked on February 26, 2013 under Criminal Law, Texas

Answers:

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

Answered 8 years ago | Contributor

The result of your plea and how long ago your plea was will determine how many options that you have.  You may be able to file a motion for new trial (to set aside the conviction) or a motion for non-disclosure (order that says they can't show other people) to help clear up your record.  But again, it will depend on what exactly you pled too and how long ago it was.  You really need to visit with a criminal defense attorney that routinely handles expunctions and non-disclosure law.   These rules changed significantly in Texas about a year and a half-ago which make it easier to get a mark off your record.  Someone who routinely does this type of work, will know the changes and how they apply in your situation and whether your plea would qualily. 


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