Texas Domestic Violence Expungement
Everyone at some point in their lives has made a poor decision or been in the wrong place at the wrong time. Those who are facing domestic violence charges or conviction in Texas often want to know if they can have the offense permanently removed from their record.
A domestic violence conviction has collateral ramifications that can pose serious challenges in terms of licensing, employment, education, rights to carry a firearm, and housing opportunities.
If you have been charged with a domestic or family violence offense, Plano criminal defense attorney Andrew Peveto can outline your legal options for possible expungement. While not all offenses are eligible for expunction in Dallas and Collin County, there may be other channels for having your records sealed through obtaining a certificate of nondisclosure.
Domestic violence expungement eligibility
Under certain circumstance, Texas law allows individuals to permanently remove information about an arrest or charge from their records – a process known as expungement or expunction. Once the criminal record is expunged, all information related to the offense is completely erased and the individual can legally state that the incident never occurred.
Records that are eligible for expungement in Texas include:
• A criminal charge that is later dismissed
• An arrest for an offense that is never officially charged
• Arrest, charge, or conviction for identity theft by another individual who was arrested, charged or convicted of the crime
• An arrest for charges that result in “Not Guilty” verdict
• Conviction for a criminal offense that was later cleared by the Criminal Court of Appeals
• Conviction ultimately pardoned by the Texas Governor or the President
However, the courts will not grant expungement in domestic violence cases where the defendant:
• Has deferred adjudication
• Is under probation
• Has been convicted of a felony within 5 years of the offense that is petitioning for expungement
Getting domestic violence charges dropped in Texas
Domestic violence offenses in Texas carry a minimum charge of a Class A misdemeanor. This means that those who are convicted of a family violence offense in Texas are not eligible for expungement. In short, the only way to get a domestic violence expunged is if the case is dismissed or you are found not guilty for the alleged crime. In the latter scenario, your domestic violence defense lawyer can immediately get the arrest and charges erased from your criminal record.
Peveto Law has extensive experience defending those accused of domestic violence in Texas. We understand how prosecutors work in these cases and know the best strategies for fighting allegations and how to get a domestic violence case dismissed.
Expunctions attorney Andrew Peveto examines possible motivations for false accusations of domestic violence, factors that would undermine witness credibility and gathers powerful evidence to support the argument for the State to drop charges.
It’s important to note that even if the alleged victim wants to drop charges against you, the decision to the dismiss the case lies in the hands of the prosecutor. The sooner you reach out to Peveto Law, the sooner our legal team can begin investigations and measures to have the charges reduced or dropped.
Can domestic violence be expunged after dismissal?
Yes, under Texas statutes, if a domestic violence charge is dismissed and the statute of limitations have run, we can begin the process of expunction. Expunctions can be performed for domestic violence charges that are dropped or in cases that have been tried before a jury and found not guilty.
In light of today’s sophisticated background checks and the detrimental effects of having a criminal record, domestic violence expungement is an important step for many people.
Speak with a Plano expungement attorney
Leveraging more than 11 years of experience as a leading criminal defense lawyer in Plano, Andrew Peveto is well-versed in the expungement process and works tirelessly to help clients in the midst of stressful and difficult situations.
To learn more about eligibility for domestic violence expunction in Collin and Dallas County, we invite you to reach out for a confidential case review.
1. Restoration of Rights Project, Texas Restoration of Rights, Pardon, Expungement & Sealing http://ccresourcecenter.org/state-restoration-profiles/texas-restoration-of-rights-pardon-expungement-sealing/
2. State Bar of Texas, Expunctions in Texas https://www.texasbar.com/AM/Template.cfm?Section=Our_Legal_System1&Template=/CM/ContentDisplay.cfm&ContentID=23459