My case is being dismissed because the lack of evidence. The evidence submitted against me doesn't match the sworn statement given by police, rightfully so because I was innocent. I expected this outcome so having it dismissed was a given but I'm not accepting the fact that once it's dismissed, I have to wait 2 yrs from the date I was arrested to start the expunction process. I know they will NOT admit their wrong and they made a mistake (POLICE) & doing so could open the window of lawsuits BUT regardless of who's right and who's wrong, doing what's right would be completely taking this away and it not appearing on a background check later on. Even though it says dismissed, my point is, it shouldn't be there to begin with because it's clear I was innocent by the video evidence! Advice?
Criminal Defense Attorney
You should consult with a criminal defense attorney about your specific case. You might be immediately eligible if you meet the requirements under 55.01(a)(2)(ii). You should seek a criminal defense attorney that regularly practices in the county where you were charged for advice. Most offer free consultations. Good luck.
Legal disclaimer: My answers are only intended as general legal advice based on my experience. They are not intended to be a binding legal opinion nor to create an attorney-client relationship.
Contracts / Agreements Lawyer
If you were arrested for Class C misdemeanor and not indicted, the waiting period is 6 months. Class A or B is 1 year. Felony is 3 years. Attorney Montes has good suggestion regarding relief under TX Penal Code 55.01 (a) (2) (ii). As for it appearing on background checks... if it is successfully expunged, it will not appear.
BEST ANSWER I got....and I hope I was HELPFUL! My answers do not establish an attorney/client relationship. Contact Steve Hamer at (214) 843-1529 for a FREE CONSULTATION.
It depends how the case was dismissed whether you can expunge immediately. You are correct about the two years. It's a crying shame and needs to be addressed by the legislature.
You are in a tough position. One thing is that you may have the attorney that helped you get dismissed look into code of criminal procedure about reasons for dismissal. If it was dismissed because charges should have never been filed and they in fact made a mistake you will be able to immediately file and receive an Expunction. The DA usually puts "in the interest of justice" or some innocuous reason.
Get a lawyer and get after them. Don't take no for an answer.
Good luck. This is the best answer I have. Be strong in your request to get your way. Resilience will lead to success. Don't Give Up!
Michael J. Crawford is a Criminal and Family Law Attorney located in Corsicana, Texas. He practices throughout the State of Texas and focusing on the Dallas/Fort Worth Metroplex including: Navarro, Ellis, Dallas, Hill, Tarrant, Johnson, McClennan, Freestone, Henderson, and Kaufman Counties. Answering a Question on AVVO does not create an attorney client relationship. If you have a legal problem please contact an attorney directly and do not rely solely on information received through an answer to a question on AVVO. My contact information is email@example.com or (903) 875-8500.
If your case has been dismissed, it is possible to get an immediate expunction, though it requires a certification from the prosecutor. If the prosecutor is unable to provide this then you can get a partial expunction, similar to the benefits of a non-disclosure, after a shortened waiting period, with the full and complete expunction at the two year mark.
Please talk to an attorney here in the DFW area. Ask about all three options and which one(s) are right for your situation.
Please personally discuss your case, and it's specific facts, with an attorney. While I and other attorneys provide general information and personal opinions, this is no substitute for own counsel.
Criminal Defense Attorney
All answers given by the other lawyers are correct. But Kristen Browns answer is the best. She said what I wanted to say.
Advice given by me in this space is for educational purposes only. Advice given by this attorney constitutes legal advice only if a contract is first signed by this attorney and the client/questioner and a fee is paid to this attorney for such advice.