Legal Question in Criminal Law in Texas

Domestic violence

My mother is an experienced nurse looking for work, but is concerned about something that may be on her record. About a year ago, her and I had an argument that got out of hand and she grabbed my arm, giving me a minor scratch. She had been drinking. I was upset, and called the police to see if they could just get her to leave the house until things settled down. We were at my elderly grandmothers house where we were all living together, I was responsible for her and my 15 year old son, and we didn't have a good place to go, which is why I wanted my mother to leave instead of us. The police came and said that because she'd been drinking, she couldn't drive without facing arrest, and so I decided to gather my grandma and son and leave to diffuse the situation. The police asked my mother to sit quietly and wait for us to leave. She was angry that we were having to take the family van, and continued talking after the officer asked her to stop, and it made him angry, so he took her in after all, charging her with domestic violence. I was really upset about this, because it was never my intention to have her arrested. My question is, can this show up on a background check and with an explanation from me, can we have it expunged?


Asked on 11/06/08, 11:47 pm

2 Answers from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Domestic violence

Based on what you have written, it appears that this alleged domestic violence charge may show up on a background check. You should familiarize yourself with a review of Article 55 of TX Code of Criminal Procedure regarding expunctions and TX Government Code section 411.081 regarding non-disclosures. This will provide you with some knowledge of these to possibilities. Ultimately, dependent upon the outcome of the allegations; your mother may or may not be entitled to either or these avenues. Should you have any questions or concerns about this legal issue or any other legal matter, please contact my paralegal Tina ([email protected]) to arrange for an initial consultation.

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Answered on 11/10/08, 9:50 am
TC Langford Langford Law Office

Re: Domestic violence

At this point you need to find out, what if anything, came of the charges. If the charges were dismissed without any further action, then expunction is an option once the statute of limitations passes. If the charges are still pending, consult with an attorney to see about getting them dismissed. In the interim, in both events, the arrest will probably still show up on a background check.

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Answered on 11/07/08, 7:35 am


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