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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 485
Experience:  Attorney and Counselor at Law
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JA: . What do you want help with? Customer: Was

Customer Question

hello
JA: Hi. What do you want help with?
Customer: Was charged with Class A Misdemeanor (family assault causing bodily injury),it was dismissed on 4/4/16 after completing of anger management class and B.I.P.P
JA: The Criminal Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: will it affect my records
JA: OK. The Criminal Lawyer will need to help you with this. Anything else I can tell the Criminal Lawyer before I connect you two?
Customer: no
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and connect you two.
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 7 months ago.
Hello. I will help you with your questions. I have been an attorney for 26 years. Can you please tell me what state you are in? You should be able to have this record expunged if you have no other cases for which you were convicted. I want to find the procedure for you.
Customer: replied 7 months ago.
Am in Texas,
i also signed WAIVER OF PRESERVATION OF EVIDENCE
Expert:  Colleen Grady replied 7 months ago.
You should be able to file a petition to have your record expunged (wiped clean). In Texas this is called expunction. I will look for how you go about this and give you that information in a few minutes. Here is the actual law that allows this:Art. 55.01. RIGHT TO EXPUNCTION.Text of subsection effective until January 01, 2017(a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:(1) the person is tried for the offense for which the person was arrested and is:(A) acquitted by the trial court, except as provided by Subsection (c); or(B) convicted and subsequently:(i) pardoned for a reason other than that described by Subparagraph (ii); or(ii) pardoned or otherwise granted relief on the basis of actual innocence with respect to that offense, if the applicable pardon or court order clearly indicates on its face that the pardon or order was granted or rendered on the basis of the person's actual innocence; or(2) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court-ordered community supervision under Article 42.12 for the offense, unless the offense is a Class C misdemeanor, provided that:(A) regardless of whether any statute of limitations exists for the offense and whether any limitations period for the offense has expired, an indictment or information charging the person with the commission of a misdemeanor offense based on the person's arrest or charging the person with the commission of any felony offense arising out of the same transaction for which the person was arrested:(i) has not been presented against the person at any time following the arrest, and:(a) at least 180 days have elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a Class C misdemeanor and if there was no felony charge arising out of the same transaction for which the person was arrested;(b) at least one year has elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a Class B or A misdemeanor and if there was no felony charge arising out of the same transaction for which the person was arrested;(c) at least three years have elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a felony or if there was a felony charge arising out of the same transaction for which the person was arrested; or(d) the attorney representing the state certifies that the applicable arrest records and files are not needed for use in any criminal investigation or prosecution, including an investigation or prosecution of another person; or(ii) if presented at any time following the arrest, was dismissed or quashed, and the court finds that the indictment or information was dismissed or quashed because the person completed a pretrial intervention program authorized under Section 76.011, Government Code, because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense, or because the indictment or information was void; or(B) prosecution of the person for the offense for which the person was arrested is no longer possible because the limitations period has expired.
Expert:  Colleen Grady replied 7 months ago.
Can you tell me what county you are in?
Customer: replied 7 months ago.
Montgomery county
Expert:  Colleen Grady replied 7 months ago.
Here is the contact information for the Clerk of the Court that will handle your Expunction:Barbara Gladden Adamick District Clerk, Montgomery County, Texas County Courthouse Building, 300 N. Main St. P.O. Box 2985, Conroe, Texas 77305 Phone:(###) ###-####ere are the forms you need to file.Contact the clerk to see what the entire process is and if there are any fees.Please let me know if I can help more. If you are satisfied with my help, please rate my service.

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