I want to get my record expunged or sealed. But I do not want to waste money on filing if I can not do it.

Asked 8 months ago - Dallas, TX

I have 2 cases in Dallas County witch one is an Asslt from June 2005 and got dismissed the person dropped the charges.I then inJan 2011 got an Felony Agg Asslt w/ DW FV witch got reduced to misdemeanor Asslt and 2 yrs deferred probation and my case got dismissed this yr in March. Can i get both cases expunged or sealed. I have no idea the difference on sealed and expunged.

Attorney answers (5)

  1. Tab Eugene Lawhorn

    Pro

    Contributor Level 9

    9

    Lawyers agree

    Answered . There is a lot going on with this question. First, you can usually have a free consultation with most lawyers in your area. There isn't enough space to answer your questions completely here. However, an attorney can contact the DA and see if they will agree to any relief you seek before you spend the money on a filing fee. Good luck.

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed.... more
  2. Leslie Starr Barrows

    Pro

    Contributor Level 14

    8

    Lawyers agree

    Answered . If there's a finding of family violence you can't expunge or obtain a non-disclosure.
    Call a local attorney and they can give you the specifics

    Good Luck! Leslie Barrows, The Barrows Firm, P.C. looks forward to protecting your rights! We have offices in... more
  3. Gary Churak

    Pro

    Contributor Level 16

    8

    Lawyers agree

    Answered . You can get an expunction on the 2005 assault case and an Non-Disclosure on the 2011 case. Contact an attorney experienced in dealing with expunctions and Non-Disclosures

  4. M Elizabeth Foley

    Contributor Level 18

    8

    Lawyers agree

    Answered . If the earlier case was completely dismissed (not you just pled out to a lesser charge), you should be able to get it expunged now. You're not going to be able to do anything with the second ads, though. The fact that you served probation means you aren't eligible for expunction, and a finding of family violence--even on a misdemeanor--would disqualify you from eligibility for an order of nondisclosure ("sealing your record").

  5. Phillip Lawson Baker

    Pro

    Contributor Level 5

    6

    Lawyers agree

    Answered . An expunction means that any reference to a criminal charge is to be compiled and destroyed. It also, makes it a crime for anyone to disseminate any information about an expunged record. Non-disclosure means that records are retained by law enfacement but hidden from the general public. Sealing of records only deal with juvenile cases. You are eligible for expunction on the 2005 case. However, deferred adjudication with a finding of family violence makes you ineligible for any relief. You should obtain copies of you order of dismissal in both cases. Then schedule an appointment with a local criminal defense attorney and have them reviewed. I typically charge a nominal fee to review documents for a client.

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