Legal Question in Criminal Law in Texas

Confused about Statute of limitation

I am very confused regarding the statute of limitation and its tolling period. So to clear things up, I have made an example: Let's say there was a report of a crime (date of offense) on the 01/01/06 for Misd. ''A''. The prosecutor office issued a warrant on the 03/01/06. Then one had a few court appearances and on 10/01/06 they dismissed the case based on lack of evidence. Now, can one file the petition for expungement (assuming one meets all other requirements) on 01/02/08 ( 2 years from the date of offense) or is it a different date. What does tolling means and what does it do? Thanks in advance.


Asked on 8/30/08, 7:31 am

1 Answer from Attorneys
Stephen Gustitis Criminal Defense Lawyer

Re: Confused about Statute of limitation

In your example, the tolling of the statute of limitations occurred after the case was filed by information and complaint, but before it was dismissed. The end of the limitations period will be 2 years, plus the time between the time the case was filed and when it was dismissed. I hope this helps.

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Answered on 8/30/08, 4:13 pm


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