Everyone has made a bad mistake or been in the wrong place at the wrong time at some point in their lives. Those facing domestic violence accusations or convictions in Texas sometimes want to know if the incident may be completely expunged from their record.
A domestic violence conviction has repercussions that can be severe in terms of licensure, job, education, firearms rights, and housing chances.
Highlights
How to Clear Domestic Violence Arrest From Your Record
If you have been accused with domestic or family abuse, a Plano criminal defense lawyer can explain your legal possibilities for expungement. While not all offenses in Dallas and Collin County are qualified for expunction, there may be alternative avenues for having your records sealed by getting a certificate of nondisclosure, (not all cases are eligible for Non-Disclosure).
Eligibility for expungement for domestic violence
Texas law permits persons to permanently remove information about an arrest or charge from their records under specific conditions, a procedure known as expungement or expunction. When a criminal record is expunged, all information about the offense is fully wiped, and the individual can legally claim that the incident never happened.
In Texas, the following records are eligible for expungement:
- A criminal charge that is later dismissed
- An arrest for an offense that is never officially charged
- Arrest, charge, or conviction for identity theft by another individual who was arrested, charged, or convicted of the crime
- An arrest for charges that result in a “Not Guilty” verdict
- Conviction for a criminal offense that is later cleared by the Criminal Court of Appeals
What if Victim Drops Charges?
Expungement Is Not Granted When…
However, expungement will not be granted in domestic violence situations if the defendant:
- Has delayed adjudication
- Is on probation
- Has been convicted of a felony within 5 years of the offense for which the petition is being filed
Get Domestic Violence Charges Dropped – Texas Law
Domestic violence charges in Texas attract a Class A misdemeanor penalty as a minimum. This implies that anyone convicted of a domestic violence offense in Texas is ineligible for expungement. To summarize, the only way to get a domestic violence charge dropped is if the case is dismissed or you are judged not guilty of the claimed conduct. In the latter case, your domestic violence defense attorney can get the arrest and charges removed from your criminal record right away.
Texas criminal attorneys have a long history of defending people accused of domestic assault in Texas. We understand how prosecutors work in these cases and know the best techniques for contesting claims and obtaining a dismissal of a domestic violence case.
An Expunctions attorney generally investigates probable reasons for false claims of domestic abuse, variables that erode witness reliability, and assembles compelling evidence to support the State’s case for charges to be dropped.
It’s vital to remember that even if the claimed victim wishes to drop the allegations against you, the prosecutor has the last say. The sooner you contact a magnificent defense attorney in Texas, the sooner a legal team can begin investigating and taking steps to minimize or dismiss the charges.
See also…Seal my criminal record.
Expunge Domestic Violence Charges After Dismissal?
Yes, under Texas law, if a domestic violence case is dropped and the statute of limitations has passed, we can begin the expunction procedure. Expunctions can be done in circumstances where domestic violence charges have been dismissed or when a jury has been tried and ruled not guilty.
Domestic violence expungement is a vital step for many people, especially in light of today’s advanced background checks and the negative consequences of having a criminal record.
Dallas | Texas | Plano Expungement Lawyer
There is a world renowned criminal defense lawyer in Plano, who is well-versed in the expungement procedure and works diligently to assist clients in the middle of stressful and tough situations.
We welcome you to contact us for a private case review to learn more about your eligibility for domestic abuse expunction in Collin and Dallas County.