Thank you for the opportunity to assist you.
Q) Am I allowed to leave this section blank due to the expungement
As usual when dealing with legal issues, the answer is "it depends." The exact answer depends on your age.
A Class C misdemeanor in Texas is punishable by a maximum fine of $500.00. Class B misdemeanors and above carry possible jail time. It sounds like what the Texas name change form wants to know is whether you have ever been convicted of a misdemeanor crime punishable by jail time.
Domestic assault is punishable by jail time in Virginia. To be clear, I'm assuming you were convicted under Virginia Code 18.2-57.2
. That's the standard code section which applies to misdemeanor domestic assault. If that's wrong, please let me know.
Thus, the question is when or if your conviction has been expunged in Virginia. Virginia Code 16.1-306
makes it clear that a juvenile
's misdemeanor record is automatically expunged on January 2 of the year following the juvenile's 19th. BUT, those records are only destroyed if there have been at least FIVE YEARS since the last hearing on the case. That means that a person could be as "old" as 23 years of age, depending on when his birthday occurs, before he is eligible for automatic expungement.
So, while the process of juvenile expungement is "automatic", it does not work as most people would think. (Or common sense would dictate.)
If you're 23 or older, you probably have had your file destroyed and your record expunged. If you're younger than 23, better safe than sorry; bite the bullet and list your Virginia conviction.
I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. Otherwise, please rate my answer positively so that I can receive credit for my work. Doing so will NOT cost you any additional fee.