Legal Question in Criminal Law in Texas

My ex girlfriend filed a theft charge on me back on Feb 14, 2011. The judge dismissed the charged because she never signed it. The theft charge still shows on my record even though I was not convicted. Is there anything I can do to have this charge removed from record?


Asked on 4/12/11, 11:27 am

2 Answers from Attorneys

Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, it appears that you may need to look at an expunction proceeding to clear up the matter. There are procedural requirements which must be met prior to filing an expunction and having a hearing before the Court. You may want to consider having a local law firm to assist you with such a procedure. Review the firm's website for more information regarding expunctions(http://www.jbrashearlaw.com/ExpunctionsandNonDisclosure.htm). Please feel free to contact us with questions at (281) 994-4034.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 4/12/11, 11:59 am
Cynthia Henley Cynthia Henley, Lawyer

It is unclear why the theft charge was dismissed because there is nothing for the complainant to sign. But regardless, if indeed the theft charge was dismissed and you otherwise qualify, you need to file a petition for an expunction in civil district court. It is a rather complicate procedure so you would smart to hire a lawyer to handle the matter. Once granted, the charge and everything relevant to it is removed from your record completely. Talk to a local lawyer about handling the expunction for you.

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Answered on 4/12/11, 3:02 pm


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