Legal Question in Criminal Law in Texas

In August of 2001, I was granted 9mo Community Supervision for a misdemeanor charge of Assault in accordance with section 5 of Article 42.12. I completed my probation and paid the fees which were less than $500. I recently did criminal background ck with US search. The misdemeanor comes up and states that it was an Assault causes bodily injury to a family member. My paperwork says just Assault. It was a fight with my wife and the say that I had thrown a pillow at her. They wouldn't listen to me. I understand. I was young at the time. I am still married and its been 9yrs. I am not sure what class of misdemeanor it is. Also, from what I am reading I can never get this expunged or non-disclosed. Any help or advice would be great?


Asked on 1/18/10, 9:57 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

The current version of statute you cite indicates that you received deferred adjudication probation. If you did, and successfully completed your probation, and there was no finding of family violence, an order of of non disclosure would remove the arrest and conviction from most criminal background checks. It would only be available to the courts, law enforcement and a limited number of state agencies.

From what you state, it sounds like there might have been a finding of family violence in your case. You need to have an attorney review the court's findings in your case and determine whether there was a finding of family violence and is so, whether that finding can be overturned.

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Answered on 1/23/10, 10:16 am


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