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Will a 3rd degree felony charge be dismissed if I was never convicted, and never went to court?

San Antonio, TX |

I have a charge in TX for Indescent expossure, I never went to court for, i was deported to mexico and want to know if the case will ever be dismissed in both state and immigration?

Attorney Answers 3


Are you saying it was never filed? A case that's never filed can't be dismissed. It can be expunged from your record after the statute of limitations period (which sounds like two years if I'm understanding your offense). If you just never went to court on a case that was filed because you were deported, the case is probably still sitting there--unless the DA chose to dismiss it to get it off their plate. You need to contact an attorney who practices in the county where you were arrested to determine the status of the case and your options.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Please consult an attorney who practices criminal law in your jurisdiction for the most accurate legal advice.

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That will depend on how old the case is. Indecent Exposure is a class a misdemeanor unless children were present then it becomes a third decree felony. If it is a misdemeanor and it is more than two years old the chances that it will be filed is zero. If it is a felony then the statute is longer and can be tolled since you are out of the country. Your best bet is to hire a San Antonio lawyer to look into the case and advise you of your options. Where you deported because of this case or something else?

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yes i was deported for that reason, and i never went to criminal court. i was deported in 2008 and i would like to go back leagally with work permit, wanted to know if that is possible if so how long should i wait?

Gary Churak

Gary Churak


You need to confer with an immigration attorney. Most deportations for criminal activity result in lifetime bans to renter the US legally


If the case was filed and you never went to court for it you probably have an outstanding warrant. You need to have an attorney look into that for you. If the case was never filed, when the statute of limitations runs on it it cannot be filed against you.

This answer is general information only and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action.

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