Legal Question in Criminal Law in Texas
A friend was arrested for Assault on Elderly in Texas but the case was dismissed. It was a case of false identification. He was charged but released the same day and he never got notice of anything after this. What does it mean if he was released the same day without anything else other than the record of arrest on his record? If there is only a record of arrest on his record does he and can he get it expunged? It does not appear on the Texas Criminal Record Check but it did when he applied for a state license recently.
1 Answer from Attorneys
If the case was not prosecuted (and the statute of limitations has run - or the lawyer he hires contacts the DA's office and gets an agreement), then he will have to file a petition for expunction in civil district court in order to it off his record. (If he was arrested, he was fingerprinted and there IS a record of his arrest.)
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