Guilty in TX to 2nd Degree Felony Aggravated Assault with Deadly Weapon but got Class A Misdemeanor. 3 days jail:1st offense.

Asked over 3 years ago - Houston, TX

in March 2009 I got in a fight with my dad, he called the cops and I end up being charged with a felony aggravated assault with deadly weapon in Texas. His bad lawyer came to help and told me to plead guilty to a Class A Misdemeanor just so I could get timed served for the 3 days I was in and get out. I THOUGHT it could be expunged be he said it could but it can't. What can I do? It still even says felony when anyone does a background check so it's confusing for the prospective employer/background checker. Also, they never even found the "weapon!" It's the State of Texas vs me on the report. Can I ever get the Deadly Conduct misdemeanor expunged? Is it to late to file a motion to reconsider? Can I sue anyone? I just wanted to get outta jail.

Attorney answers (2)

  1. Robert Sterling Guest

    Pro

    Contributor Level 16

    Answered . There are no expunctions for convictions in Texas. It's on your record for life. You should contact some local attorneys who handle post convictions matter, writs of habeas corpus. A writ is the only way to attack this conviction at this point.

  2. Cynthia Russell Henley

    Contributor Level 20

    Answered . You cannot expunge any convictions. The case must have been dismissed or you must have been found not guilty to qualify for an expunction.

    Other than your assertion that you believed you could expunge your record based on the lawyer's representation, you are not stating a basis to file a habeas application. If you were not guilty, but pled guilty because of your understanding regarding expunction, then you may have a basis for habeas relief. (The failure to find a weapon, without more, is not helpful. All it would take is your dad's testimony for a conviction regardless of whether or not a weapon was found, if a jury believed your dad beyond a reasonable doubt.)

    As far as the confusion regarding whether your case was actually reduced to a misdemeanor, the problem lies in that the case was disposed of in a felony court, even though it was reduced. It appears to those who check backgrounds, on the surface, to be a felony. If they bothered to look further into the computer records, they would find that it was reduced. I suggest you get a copy of the judgment and sentence as well as the plea papers which will show that the case was reduced to a misdemeanor and just present those with your explanation.

    There is no one you can sue. No one did anything wrong except perhaps the lawyer misadvising you - but I'll bet he will deny that is what he told you.

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