Found an issue on this page? Let us know and we will look into it as soon as possible.
I have a Class A Misdemeanor Assault Bodily Injury on a family member... Can I get this expunged, sealed or removed????
Anonymous4 views4 answers
I got charged in Bell County Tx. They then placed me on a Deffered Adjudication Probation for one year in which once my time is up this case will be automatically dismissed. I was explained that only an arrest for assault would show on my record is this true? Can I ever get this removed or hidden for job purposes? Dec 1st I will be done with my probation. I started Dec 1st 2011. Do I need to wait a certain amount of time to do this or is there anyway I can appeal to the courts and how is this done???? I cannot find work and I'm losing it. I've given up on tryin to persue my dream of becoming an attorney. Opinions please and thank you!!!!
Sorry, but the answer is NO on all counts. Expunction is limited to arrests for which you were later acquitted in one way or another. If you are ON a deferred probation, you have not been acquitted.
Sealing your record to keep any civilian from seeing it when doing a background check (for job or housing) is called "non-disclosure". The law specifically excludes any assault-family violence. Please see Texas Government Code 411.081, subsection (e)(4).
I am a former police chief and a former ADA. Thevl has changed with regards to expungement. Some cases are allowed to be sealed. However, I should warn you that now with databases and the Internet, even if a case is sealed, the odds are it is in a database. If you are applying fr a government job, employment as a police officer, or applying for admission to the state bar, you will likely be asked if you were ever placed on a deferred adjudication, so you are going to have to answer "yes" and explain what happened. You need to visit with a very savvy and experienced criminal defense attorney. Good luck, I am sure it will all turn out because the charge was dismissed and is not a conviction.
Generally, if you were not convicted of the charge you can attempt to seal or expunge the record. You would need to contact an attorney that deals with these cases in your area directly for them to review your record and see if you are eligible. As for your dream of being an attorney, please note that even if a record is seal or expunged you will have to disclose to your state bar when submitting an application. So you cannot seal or expunge it just to hide from it. Best of luck in your future.
Here is a very helpful website: http://www.txdps.state.tx.us/administration/crime_records/pages/juvenilecriminalhistoryrecords.htm.
Review it closely than use to find a Bell County attorney for help. Best bet is, ask your trial attorney.
