Is it possible to get a clas a misdeminor assault case set aside in Texas? I was convicted guilty. No deferred adjudication
Dallas, TX |
I pleded guilty to a class A misdeminor not knowing how much negative impact it was goig to have in my life. I finished my probation and I did not get deferred adjudication Can I still have it set aside and can that help me on my background check?
Under current Texas law, a conviction remains permanently on a defendant's criminal record unless the defendant is pardoned. If the defendant is pardoned, an application for expunction can be filed under the current version of that statute.
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No, unless you are pardoned by the Governor or your conviction is set aside after a writ of habeas corpus if you can prove ineffective assistance of counsel or an involuntary plea, which is VERY rare in cases when the Defendant pled guilty.
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.
No. Once convicted the only way to get it removed is to get a pardon from the governor.
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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