Legal Question in Criminal Law in Texas

My husband has a charge against him for Family Violence in 2005, it was an argument that we had and the neighbors called the police. When it happened I tried to talk to the DA to drop the charges but they would not listen or take note on what I was saying. At the time we did not have the best attorney so he took the plea bargain and pleaded no contest. Now he wants to join the military and they are saying that because of this charge we have to go through extra process and see if we can get a waiver. I am willing to write a letter saying that the charges were false to see if that will help. Is there anything else that I can do? I know how badly he wants to join and serve and I hate that an argument we had 4 years ago is holding him back.


Asked on 1/14/10, 6:57 am

2 Answers from Attorneys
Paul Walcutt Law Office of Paul Holt Walcutt

There is nothing you can do to get his record erased. To get an expunction, he would have to have had his case dismissed or have been found not guilty. Even if he did a deferred adjudication on a family violence assault, he is not eligible to seal the record of this deferred under Texas law. He is stuck with this conviction and perhaps the only thing you can do from a criminal law perspective is to write the letter you have described. Good luck.

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Answered on 1/19/10, 3:48 pm
Keith Engelke Law Office of S. Keith Engelke

Assuming he was convicted, he could get an expunction if he were able to get a pardon from the office of pardons and paroles. This is remote but given the he is suffering the hardship of not being able to serve his country, it may be worth a shot.

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Answered on 1/20/10, 9:28 am


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