Legal Question in Criminal Law in Texas

petition for expungment

We recently tried to apply to be foster parents and the dps ck showed that my husband had an arrest that had no dispostion showing. It was for assault on a minor. It was 1977. He was 18 and got in a fist fight with a 17 year old. We are having trouble getting any answers how to get this taken off his record. He was arrested, made bail, went before a judge the next day and was given a fine of 37.50. Which he paid right there, and then took the ticket showing paid to the jail and received his money back for the bail. We can't seem to find out step by step what we need to do to get this removed from his record. The dps check shows no disposition on this charge. We contacted an attorney and they told us we need to go to the jail location where he was arrested and get the record. should that be our first step? And then what is our next step? Because it was assault on a minor, we cannot even be considered for foster care, but this was over 30 years ago and the situation was only a fist fight between two teenagers. Where do we go first for help?


Asked on 5/14/09, 11:26 pm

1 Answer from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: petition for expungment

Based on what you have written, it would appear that your husband may or may not qualify for expunction. Was the assault a misdemeanor or felony would be the first item to begin with. The are statutory items which must be met to qualify for expunction under the Texas Code of Criminal Procedure. If my law firm can assist you with this legal issue or any other legal matter, please contact us to arrange for a consultation.

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Answered on 5/15/09, 9:51 am


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