Legal Question in Criminal Law in Texas

Can I have my criminal history expunged or sealed if my court provision reads "proceed dism/def discharged"? It was a class A misdemeanor and it was 7 months ago.

Or could I receive a pardon? If so, how long does that process generally take and how difficult is it to obtain?


Asked on 10/08/10, 6:48 pm

1 Answer from Attorneys

Michael Turner Turner Law Office

It depends on whether you received probation or not. It appears that you received a deferred adjudication type of probation and you successfully completed it, at which point the Court discharged you and dismissed the case. If that is the case, you cannot get an expungement for a Class A misdemeanor. You may be eligible to have the records sealed with a petition for non-disclosure. That would depend on what the offense was. After completing a deferred adjudication for a misdemeanor, some offenses allow an immediate application for non-disclosure (eg, theft, POM) others require a 2 year wait from the discharge/dismissal (eg, weapons cases, assault) while still others are not eligible for non-disclosure at all (eg, family violence). You should consult with an experienced criminal attorney to figure out your options.

If the case was dismissed without any court-ordered supervision, then you'll be eligible for expunction after the 2 year statute of limitations runs.

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Answered on 10/19/10, 10:49 am


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