It depends on the circumstances of the dismissal and, in some cases, whether the statute of limitations has expired. Under certain circumstances, your prosecutor can agree to the expunction, even if the statute of limitations has not passed. I recommend that you consult an attorney who understands expunction law. He or she can answer your questions pretty quickly after learning more about your case. Good luck.
You can get an acquittal dismissed without waiting for the statute of limitations to run. For most other dismissals you need to wait for the statute of limitations to run.
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My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com