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Can you be required to pay a civil suit after the criminal portion is expunged?

Houston, TX |
Attorney answers 5

Best Answer
Posted

Yes, you certainly can, assuming the civil statute of limitations hasn't run yet. If you haven't actually gotten the expunction yet, you might want to first carefully consider whether the records that you are asking to be expunged would hurt you or help you in the civil case. Having no official records to rely on can sometimes actually make it harder to defend a civil case, so I'd strongly suggest that you retain an attorney who can advise you as to the wisdom of doing that right now.

Posted

The burden of proof on a civil case is lower than on a criminal case. You can be sued even if a criminal case is never filed. An expunction has nothing to do with whether or not a civil suit can be filed.

Cynthia Henley
713-222-1220

Posted

Depends

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Posted

The expunction doesn't have anything to do with the civil case, so, yes.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

Posted

Yes. I would advise to resolve the civil case immediately to avoid or remove the likely abstract of judgment under your name.

Law Office of David D. White, PLLC
1205 Rio Grande St.
Austin, TX 78701
(512) 369-3737

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