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Can you expunge a dismissed TX civil case associated with an attempted assault case also dismissed due to insufficient evidence?

Tyler, TX |

The motion for protective order was dismissed by DA along with attempted assault criminal case. How do I get rid of civil records associated with this dismissed criminal case?

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Attorney answers 2


An expunction in Texas is intended to address all records of a criminal charge and/or arrest that did not result in a conviction or court ordered supervision. I suggest you consult with a lawyer in your area who handles exupunctions and discuss what the connection is between the two matters you mention in your question and whether in your case it is close enough for the expunction to cover it. Without seeing the case files I would not want to give a definite answer.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.


Unfortunately, your question does not give enough information to give you a complete answer. There is more than one type of protective order, the two most common being a "Magistrate's Order of Emergency Protection" (MOEP) and a Temporary Ex Parte Protective Order (TEPPO). Both of those orders can be issued without you being present and able to present your side. An MOEP usually comes from some type of criminal charges (and you might have some luck with an expunction of THAT order), but a TEPPO is a civil matter, with its own cause number, and need not be related to a criminal charge filed.

You should contact a criminal defense lawyer in your area to discuss with them the details of your particular case, and have them advise you of whether under the specific facts of YOUR case you are eligible for an expunction of the application for a protective order.

Katherine Shipman's response to your question is for general information purposes only. Nothing in this response should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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