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How can I get a Misdemeanor class c Offenses Expunged?

Carrollton, TX |

how much will it cost me? its been almost 2years..

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Attorney answers 2

Posted

That's not as simple a question as it sounds. If you can provide the following information, I'd be able to tell you a lot more, though:

1) What was the specific offense?

2) What was the disposition? (dismissed, convicted (includes "just paying a fine"), or dismissed after deferred disposition).

3) How old were you at the time of the offense?

Asker

Posted

theft misdemeanor. i was in probation 6months and took a class and paid my fines

M Elizabeth Gunn

M Elizabeth Gunn

Posted

In that case, assuming you were 17 or over at the time of the offense, you can probably get the case expunged two years after the offense date (though in a few cases, they may insist on making you wait two years after the dismissal date). If you were 16 or younger when this happened, and this was the only case you had, there's a way to get a special kind of expunction through the court your case was in, rather than having to go to district court (which takes longer and is a lot more expensive, but is the only option if you were 17 or older at the time of the offense). The JP version just has a $30 fee and you should be able to do it yourself, while the district court version is a lot more complicated, does need an experienced attorney, and will probably cost you a total of somewhere between $1,000 and $2,500.

M Elizabeth Gunn

M Elizabeth Gunn

Posted

In that case, assuming you were 17 or over at the time of the offense, you can probably get the case expunged two years after the offense date (though in a few cases, they may insist on making you wait about two years after the dismissal date, since the time the case was on file technically counts when calculating the date the statute of limitations ran). If you were 16 or younger when this happened, and this was the only case you had, there's a way to get a special kind of expunction through the court your case was in, rather than having to go to district court (which takes longer and is a lot more expensive, but is the only option if you were 17 or older at the time of the offense). The JP version just has a $30 fee and you should be able to do it yourself. The district court version is a lot more complicated, does need an experienced attorney, and will probably cost you a total of somewhere between $1,000 and $2,500.

Posted

You ask if you can get Class C midemeanors expunged. The question might seem simple, but the answer is fairly complicated Class C misdemeanors include traffic tickets and any crime which is punishable by fine only. These cases are normally filed in municipal or JP courts.

For any Class C acquittal or outright dismissal (i.e.-you were never fined or put on probation), you could expunge the offense under Texas Code of Criminal Procedure (TCCP) Section 55.01. You should also be able to expunge any successfully completed Class C deferred adjudication under TCCP Art. 45.051(e). You can also expunge one "under age" alcohol conviction under the Texas Alcohol Beverage Code Sections 106.01 - 106.15.

The filing fees could be as low as $30 and as high as $282 or so, depending on the applicable code section, and other factors. I would suspect that you could find a local attorney to do the work for less than $1,200.

Because of all of the various factors, you should probably be speaking to lawyers (either in person or over the phone) rather than trying to get answers in a written forum such as this.

Best of luck to you!

This answer is for general purposes only, and is no subsitute for specific legal advice that would come from an attorney hired by you, having full knowledge regarding the facts and circumstances of your individual situation. This correspondence does not create an attorney-client relationship, and you should consult with one or more attorneys prior to acting on any of the information provided in this response.

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