Legal Question in Criminal Law in Texas
My partner is interested in trying to get a past record expunged but i'm curious as to the probability of success. He was charged with a misdemeanor theft for being caught with his friend while his friend stole some items from a retail store. This happened back in 2004 i believe. He did not do any time or get probation he just paid about 400 dollars in fees and that was the end of it. What are the chances this can be expunged from his record if we go through the appropriate steps?
1 Answer from Attorneys
It depends on what the fees were for. If the fees consisted of a fine, the case may not be expungeable. You don't say what the amount was. If it was low, then the case could have been a Class C misdemeanor which can be expunged, if fees were paid as what is termed a deferred disposition. If the case was at a higher level than a class C, then whether it can be expunged depends entirely on what happened in Court.
There is also another method to improve his record called a non-disclosure. This typically is available if the case ended up as a deferred probation. Even though you say he didn't get probation, there are some jurisdictions that do deferred probations without any reporting requirements. It would be best to contact a Board Certified Criminal Law Specialist in the jurisdiction and get an accurate opinion. My office is able to look your partner's name up using available databases that may assist us in determining what happened and whether it can be expunged or non-disclosed.
Wes Ball
Ball & Hase, P.C.
www.ballhase.com
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