Legal Question in Criminal Law in Texas

i live in san antonio tx i have a charge of misd theft but i was not involved just guilty by association and it was dismissed can i get that taken of with getting a lawyer why should i have to pay for something i had nothing to do can i file a petition at the court and ask to to take it off it was back in fed 2004 and have not before that be in trouble with the law nor have i been since


Asked on 1/12/10, 8:40 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

If the case was dismissed then and you have not been convicted of a felony you can file a petition to have it expunged after the statute of limitations has expired. Whether or not you get a lawyer you must pay a filing fee (about $300) plus a $15 fee for every agency whose records you want to have cleared. Indigent petiioners can file a pauper's oath and ask that the fees be waived. These are generally granted for petitioners on some form of public assistance. Otherwise, all filers must pay the filing and service fees.

If you do not know how to draft the petition, decide which agencies to list, and deal with the court system, you can hire a lawyer. You are free to try to deal with the court system on your own. Just understand that you will be up against lawyers who will know the rules.

If it doesn't sound fair, consider it the penalty for running around with the wrong crowd.

Read more
Answered on 1/18/10, 8:02 am


Related Questions & Answers

More Criminal Law questions and answers in Texas