Thank you, Paul.Expunction
If the charge was subsequently dropped, you were acquitted, or were found guilty but the verdict was later overturned, then this qualifies for an expunction. Expunction is what Texas calls an expungement
. This is what "seals" the record.
This is done by filing a Petition for Expunction
with the same Court that dealt with the criminal
matter. For a sample form, please find one here
. You can file the motion with your court - see a listing of the Courts here
Now, before filing, it is best to call ahead and to find out:
1) Whether or not the clerk can receive the motion directly or if it needs to be filed via the district clerk
2) To get a time/date for the motion before filing it;
3) Then, when filing said motion, one also needs to serve a copy unto the District Attorney via certified letter, return receipt requested, along with notice of time/date:Tarrant County Criminal District Attorney’s Office
Tim Curry Criminal Justice Center
401 West Belknap
Fort Worth, TX 76196
Then, the Judge will consider the motion at that time.Does not the police office (off duty) have an obligation to say
something to me if he felt that way.
No, he does not, I am sorry to say. The police do not have to hint or expose their determination of whether or not to charge someone with a criminal act.If he did say something to the server,
is that a fact I can use in my trial if it is not dismissed??
Yes, actually. Whatever the officer stated at the scene may be used by your attorney to possibly weaken the DA's case.Can they use a dismissed charge as a prior concerning
, no. If it was dismissed, then this cannot be taken into consideration for any DWI matter. Of course the Judge is human. They make mistakes. They may be doing so even without thinking about it. Your attorney has to "remind" the Court not to do so.
I hope this helps and clarifies. Good luck.
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