Legal Question in Criminal Law in Texas

I was arrested and charged with a class A misdemeanor assault a year ago after an altercation between my brother and I and now I'm being turned down for jobs left and right. Is there any thing I can do to get it off my record? There was no probation or fines. I served 3 of 10 days and was released. Help?


Asked on 6/09/10, 12:17 pm

2 Answers from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Since you used the word "served" I will assume that you have a conviction. If so, then it cannot be expunged and you do not qualify for a non-disclosure which does somewhat the same thing.

If you successfully completed a deferred adjudication, then you might qualify for a non-disclosure. Although the records will not be destroyed, they will not be available to everyone. They will still exist for some purposes, however. See an attorney who handles these to see if you are eligible.

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Answered on 6/10/10, 9:33 am
Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, it appears that you were convicted of the assault charge and sentenced to jail for 10 days. If you received a conviction, you may not be eligible for an expunction or non-disclosure. On the other hand, if you were given deferred adjudication, there is a possibility that you may qualify for a non-disclosure. This would basically seal up your criminal record for this charge so that only the 29 agencies listed in the Code could see it. You probably want to consider consulting with a local law firm to fully discuss these options.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 6/10/10, 11:36 am


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