Can you be required to pay a civil suit after the criminal portion is expunged?

Asked almost 2 years ago - Houston, TX

Theft and working on an expungement program

Attorney answers (5)

  1. M Elizabeth Gunn

    Contributor Level 18

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    Answered . Yes, you certainly can, assuming the civil statute of limitations hasn't run yet. If you haven't actually gotten the expunction yet, you might want to first carefully consider whether the records that you are asking to be expunged would hurt you or help you in the civil case. Having no official records to rely on can sometimes actually make it harder to defend a civil case, so I'd strongly suggest that you retain an attorney who can advise you as to the wisdom of doing that right now.

  2. Cynthia Russell Henley

    Contributor Level 20

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    Answered . The burden of proof on a civil case is lower than on a criminal case. You can be sued even if a criminal case is never filed. An expunction has nothing to do with whether or not a civil suit can be filed.

    Cynthia Henley
    713-222-1220

  3. Macy Michelle Jaggers

    Pro

    Contributor Level 20

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    Answered . The expunction doesn't have anything to do with the civil case, so, yes.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  4. Carmine John Giardino

    Contributor Level 14

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    Answered . Depends

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  5. David Daniel White

    Pro

    Contributor Level 12

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    Answered . Yes. I would advise to resolve the civil case immediately to avoid or remove the likely abstract of judgment under your name.

    Law Office of David D. White, PLLC
    1205 Rio Grande St.
    Austin, TX 78701
    (512) 369-3737

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