After completing the pretrail program. Can i file for expungment immediatiatly?

Asked over 3 years ago - Houston, TX

I was charged for a 3rd degree felony for possession of prohibit weapon. I had proof that the "saw-off" shotgun wasn't mine by having pictures of the owner claiming his gun. I don't need this on my record. I trying to get this approved for the program but was wandering if i could file for expungement after i completed the program sucessfully. or do i need to wait more for the statue of limits to expire???

Additional information

its my first time offense. I have 15 pgs. of credentials from colleges and volunteer services. and facebook pics of that guy claiming it's his

Attorney answers (2)

  1. Howard M Lewis


    Contributor Level 20


    Lawyers agree


    Answered . I would strongly suggest that you review this with a local attorney. Your diversion program will protect your record but the charges will still be listed until it is expunged. Every state has a time period within which you must wait in order to expunge a record. you need to know that time period. good luck.

  2. Cynthia Russell Henley

    Contributor Level 20

    Answered . Read the terms of your PTD program contract. It will state how long you must wait after completing the program before filing in civil district court to expunge your record. Generally the requirement is at least 2 years, and sometimes as long as the statute of limitations.

    If you are applying for PTD, then you have a lawyer. Ask your lawyer these questions - that is what you have paid him or her for is their advice and information.

    Possession and ownership of the weapon can be two different things. You can not own the weapon even though you possess it even if temporarily. If you never possessed it, then go to trial.

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