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How much does it cost to get a misdemeanor expunged?: I was arrested 4 or 5 years ago for a family assault charge (misdemeanor). It was my first and only offence. I served 15 days in jail and was let go. Now I am trying to get into the military (USMC) and they said I qualified, even though I have one misdemeanor. I tried to purchase an AR-15 last year of December, so I can go deer hunting, with my dad, but was denied because I answered "yes" to the "have you been convicted of a misdemeanor" question. I really want to legally purchase a riffle this year, so I can have my own weapon when I go deer hunting.

Asked almost 3 years ago in Criminal Defense

JaPaula’s answer: Assault family member convictions are not eligible for expunction; even if a person is placed on deferred probation for this type of offense, the deferred adjudication probation is not eligible for nondisclosure. If you are convicted of this type of offense you have to wait five years from date of conviction to be eligible to possess a firearm.

Answered almost 3 years ago.


I was caught shoplifting at Walmart the total was $120, went to court it was reset. Misdemeanor B charge. Potential Penalties?: I went to court but it was reset due to the fact that I didn't have a lawyer. But I'm not able to receive one. So now I have no take the court appointed lawyer option but I don't know what to plead as guilty, no contest, or innocent. Plus I'm terrified because it says that you can receive up to 180 days in jail for a misdemeanor b in Texas and I don't want to go to jail.

Asked almost 3 years ago in Criminal Defense

JaPaula’s answer: If you cannot afford a lawyer, then you need to make sure that your court appointed lawyer explains all of your options to you. Shoplifting/Theft is a crime of moral turpitude and can keep you from gaining employment in the future... if convicted. There are options such as pre-trial diversion and deferred adjudication probation that will allow you to avoid conviction; and either have your record sealed or expunged if you are able to complete the program or deferred probation. Your court appointed lawyer should also explain to you your right to a jury trial and be able to evaluate your case and explain to you your likelihood of winning at trial. Do not be afraid to ask questions of your lawyer. Make sure you understand exactly what the consequences of any plea, deal, or other action may be. Your lawyer should advise you of how to plea (i.e. no contest, guilty, not guilty).

Answered almost 3 years ago.


What's my penalty going to be for violating probation?: I just got a DWI in another county, while being on probation in Dallas County for 2nd degree felony agg assault with a deadly weapon. What's going to be the result of the probation violation.

Asked about 3 years ago in DUI & DWI

JaPaula’s answer: There are many possibilities. The best person to give you an answer would be an attorney that is familiar with (among other things) the facts of your new case, how long you have been on probation, and how well you have done on the current probation.

Answered about 3 years ago.