January 28, 2016

Asked 1/26/2016 – San Antonio, TX

I pleaded Nolo Contendere to a Class C Misdemeanor Assault – Physical Contact (family) from an domestic violence altercation with my spouse back in July 2015. I was placed on deferred disposition (not adjudication) and have completed 3 out of the 4 conditions needed to have the case dismissed and not reported as a conviction on my record as stated on my court documents. The last condition is simply time. I have stay out of trouble until April which won’t be a problem.

Other than this charge I have a clean record. Based on other post I’ve read here on Avvo, I think my case is eligible for expunction. Assuming I can get an expunction how long do I have to wait to file a petition to have this expunged?

Do I have to wait a full two years or can I do it after 180 days from date of the altercation.

Answer

Was there an affirmative finding oi family violence in your case? If so, you may have issues whit having this matter expunged. Obtain a copy of the judgment entered and have a local lawyer review the matter.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

{"email":"Email address invalid","url":"Website address invalid","required":"Required field missing"}