Legal Question in Criminal Law in Texas

I was charged with harrassment on my exhusband 4 years ago for threatening him on the phone after one of his many assaults on me. The charge was later dropped to disorderly conduct but our county judicial records, which are public, still show the harrassment charge. This has hurt me in a couple of job interviews. I have spoken with different people at the courthouse and all have said that the record can't be changed. Is there anything I can do legally to make them correct this error?


Asked on 3/04/10, 6:32 pm

1 Answer from Attorneys
Paul Walcutt Law Office of Paul Holt Walcutt

This is not an error; you were originally charged with harassment (or if you threatened him, terroristic threat). The charge was dismissed but you plead guilty to a reduced charge. Under most circumstances, when a charge is dismissed, you are entitled to expunge the records of that arrest. However, when you plead to a crime (or are convicted of a crime) coming out of the same incident, you cannot ask the court to order an expunction for any related arrest; Texas law simply doesn't allow it. If the reduced charge had been a deferred, then you may be eligible.

You should discuss this matter with the lawyer that represented you or with another local criminal defense attorney.

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Answered on 3/10/10, 6:15 am


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