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M Elizabeth Gunn

M Gunn’s Answers

2,951 total


  • Possession < than 2 oz marijuana 11 yrs ago, class B misdemeanor. dismissed after deferred adjudication. can it be expunged?

    February 02 2004, Montgomery County.

    M’s Answer

    Ah. You left the deferred adjudication out of your previous question, and that definitely changes things. No, you cannot ever get any Class B misdemeanor or above case expunged where you got probation for it, whether it was regular or deferred adjudication probation. But if that's the only criminal case you've ever had, there's a pretty good chance that you should be able to get an order of nondisclosure granted, which would seal your arrest and case records for most purposes,

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  • Can my case of misdemeanor, class B possession of less than two oz. of marijuana case that was dismissed 11 yrs ago be expunged,

    Montgomery County. February 2nd 2004.

    M’s Answer

    You sure can, unless the circumstances of the dismissal included you getting convicted of another charge that arose out of that same arrest. For example, if you were arrested and charged with both POM and a DWI, and ended up with the POM being dismissed with your conviction on the DWI, you would not be able to get the POM expunged. Same situation if you were charged with a POM that was reduced to some Class C charge (typically paraphernalia), which you were convicted of (deferred disposition and a dismissal on a Class C leaves you still eligibke for expunction, but a conviction does not). So the short version of that is that basically as long as you're talking about "just a dismissal", you should qualify for an expunction.

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  • I was caught shoplifting at Walmart with 72 dollars worth of stuff which resulted in a class b misdemeanor.

    I don't have money to get a lawyer so I will have to get a court appointed one. My two kids which were 4 and 5 were with me but had no idea what was going on. I am so terrified of what will happen to me at court. I don't want this on my record. Wh...

    M’s Answer

    None of us can tell you what will actually happen in your specific case. I can tell you that absent prior history, it's unlikely they'll want jail time. But you definitely need to get an attorney, because any theft conviction at all will cause you major employment issues. What may be in your favor is that the Legislature just changed the property amounts used to determine how theft offenses are classified (you steal something REALLY valuable, and you could actually be looking at life in prison!). The new classification system provides that theft of property worth under $100 is going to be a Class C offense starting September 1. That change does not actually have any legal effect on your case, given that the theft obviously happened before then, but the prosecutor might be more willing to consider a reduction. If you can get it cut to a Class C case AND get dismissal of that after deferred disposition, you'd be eligible for an expunction within two years. There may also be other options available that would leave you in about the same position. But it's very, very unlikely that you'd be able to do that without an attorney, so that should be your first step. Good luck!

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  • Can i decide whether i want to live with my father instead of my mother if they are divorced and I'm 16??

    My parents have been divorced for about 2 and a half years now. I'm 16 and will be 17 in 4-5 months. I recently have bonded more with my father and feel more at home with him. He lives where i grew up so of course i would feel more safe and happy ...

    M’s Answer

    Well, no, not exactly. In order to change the official custody arfanent for any child under the age of 18 (yep, even 17 year olds), the parent who's requesting the change would need to file paperwork asking the court to approve that change. In practice, most of the time, something ends up working out between the parents, but sometimes it doesn't, and in that case, the judge has to decide what the best solution is for this particular kid under whatever circumstances are involved. The wishes of a teenager, particularly one as old as you are, are definitely something the judge would take heavily into account. Onthe other hand, it's certainly not the only consideration, and the judge could decide that what you want is just not what's in your best interests. For example, wanting to live with your dad because apparently your mom moves around constantly, which makes it hard for you since you have to keep changing schools, residences, and friends, sounds like a pretty legitimate reason. On the other hand, from your mom's perspective, there could be a whole different side to that that could lead to some concerns as to how good that would really be for you. If for example, your dad may not move, but does go out of town on business a week or two each month, leaving you without adult supervision, that's probably not good. If he's been letting you spend the weekends you're supposed to be with him at your boyfriend's house or you're regularly out partying til 3:00 a.m. and he's fine with that, probably that's not going to look good. So we can't tell you what would realistically happen if your dad did pursue this, because we don't know the full story. I hope things work out for you, though, and it seems like a good start to that might be trying to sit down with each of your parents and really talk to them about what you want and why you want it. It's possible they might actually be able to find some solution that they can both live with that would make you happier, and even if not, you'll all at least have a better idea what their feelings are about it. Good luck.

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  • How would I go about the process of expunction from drug related charges in different cities but the same county?

    I have cases in both College Station and Bryan: mainly two possession of marijuana charges (one was deferred by probation and the other dismissed). Also a minor in possession of alcohol, drug paraphernalia, and two failure to appears. What would I...

    M’s Answer

    You're not going to be able to get the POM you get deferred adjudication on expunged, because you did serve probation on it. Depending on the specifics of all this other stuff and the mood you catch the judge in, you may be able to get an order of nondisclosure on that, which would seal the arrest and case records for most purposes. That would in any event be a completely separate proceeding from the rest of it. As to expunction, filing for expunction of multiple cases within a county in one petition shouldn't be a problem, regardless of the municipality involved, as long as they're all within that one county. You're not going to be able to expunge any of that, though, unless you wound up with no conviction at all out of each arrest (meaning pleading to one of two cases arising out of one arrest and getting a dismissal on the other doesn't get you an expunction of that arrest or even of the dismissed case). it sounds like your situation is fairly complicated, and yes, you definitely need to consult with an attorney to figure out what can and can't be done and make sure it gets done right.

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  • Can a bondsman make me pay court cost for my grandson that I bailed out of jail?

    My grandson needed bail, he called me. He stayed at my house on occasion, I sent the money to the bail bondsman through my daughter. She was going to bring my grandson back to my house. When she paid the bond, and the bondsman asked for a phone #,...

    M’s Answer

    From the way you've described the situation, no, you do not have any liability to the bondsman. I'm sorry that your effort to help your grandson out you in a position where you're being harassed like this, but the good news is that it at least can't come back against you financially. Your daughter, on the other hand, it sounds like perhaps did sign off on the bond, so she may be in a different position with them. The fact that they're only talking about court cost, though, actually suggests that they're not coming against anyone for the amount of the bond itself, which is a good thing. I hope it all works itself out, but if you keep having problems with these people, you might consider asking an attorney to send them what's called a "cease and desist letter", which essentially tells them to leave you alone from now on unless they want to find themselves sued over it. Good luck.

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  • If I have never been charged/convicted of a felony, would I have a state identification number or FBI identification number?

    I am applying for a legal name change and the finger print form has a box for each of these. Since I've never been charged/convicted, would these numbers exist for me?

    M’s Answer

    Well, it depends. Do you mean not charged with anything at all? If so, no, you wouldn't have been assigned either of those numbers. If what you actually mean is that you haven't been charged with any felonies, but you were charged (convicted or not) with some kind of misdemeanor above a Class C (meaning something that wasn't handled in a JP or municipal court, then yes, you would have those numbers--they're not limited to felonies only. It's also technically possible you could have been assigned the numbers for a Class C offense, but it's pretty unlikely--the officer would have had to arrest you and book you into jail (thereby resulting in a print record), and I believe it also requires a deliberate decision to enter the data into the state database after that, which is what results in those numbers). Normally speaking, even Class C arrests are not entered in at the state level, though I have seen it a few times.

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  • I was convicted of robbery in 2005 and received7 years probation and want to know if I can get it expunged from my record

    I paid all fines and restatotion this happened in Ellis county in Texas

    M’s Answer

    Nope, you can't. Texas law does not allow for expunction of any conviction whatsoever, whether it's for murder or jaywalking. It doesn't matter whether you got probation and it doesn't matter how old the conviction is. Sorry.

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  • In TX, can I have my entire record of 5 misdemeanors (3 convictions) expunged? I had been told in the past it was not possible..

    After being told by multiple lawyers in Bexar County, TX that this was impossible, a recently-retired prosecutor from TX who I coincidentally met while on vacation, told me that all 5 of my misdemeanor charges (2 deferred marijuana possession (cla...

    M’s Answer

    Uhh...sorry, but that's going to be not just a no, but a hell no. I have no idea what this "ex-prosecutor" may have been smoking when she told you that, but she either had absolutely no idea what she was talking about, or just decided to jack with you for some reason. I'm a Texas ex-prosecutor myself, with 20 years experience practicing criminal law here on both sides, and have handled a lot of expunctions on both sides of things. There is no way to expunge a conviction in Texas unless you can somehow first get the conviction reversed, which is really unlikey, a major ordeal, and something that would be handled on a case-by-case basis wholly separate from any type of subsequent expunction proceeding, the success of which would be completely dependent upon first getting each conviction reversed. One conviction? Well...probably not, but maybe. Five separate convictions? NO. The two deferred adjudication POMs you're probably technically eligible for nondisclsures on (meaning your records could be sealed, but not actually destroyed, but given that you've managed to pick up three convictions after those cases, I sure wouldn't hold your breath even on that. Sorry not to have some miracle solution for you, but it sounds like you have made a series of rather bad decisions, and realistically, you're going to have to live with the consequences.

    And by the way, since there seems to be some recent confusion on this subject, yes, marihuana is still very much considered an illegal substance to possess in Texas, and it will be for a bare minimum of at least another 25 months (don't see it happening then either, but hey, you never know). No, it does not matter at all what other states have to say on the subject, but seriously, you might want to consider moving to one of those other states. Both your job prospects and chances of avoiding rearrest might improve there, but Texas does not seem to be working out for you.

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  • Can you be found unable to pay restitution on probation?& be removed from probation. If all other priorities have been met?

    What happens when probation expires but restitution fee have not been completed due to inability to pay.

    M’s Answer

    If it actually does literally expire withour a motion to revoke being filed, then you're fine as far as being concerned about a possible revocation, because the Dtate can't file a motion to revoke and the court cannot issue a capias once your probation term is over with, whether or not you completed all your requirements. If on the other hand you just mean you're getting close, then it's definitely possible a motion to revoke will be filed. Sometimes, a good option under those circumstances may be to agree to extend the probation term to give you time to finish paying. Unlike fines and fees, though, the court actually had no legal ability to change the restitution amount or waive it, regardless of your financial situation. Good luck.

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