Asked 6/17/2016 – Houston, TX

I was arrested for public intoxication last year and I seen the judge in jail. She told me the case was dismissed and I was released with no paper work or anything. A year later I had my fingerprints ran and it was on my background. I went to the count clerk office to get some type of paper work and she said it was dismissed yet the paper shows time served. My lawyer said there is nothing he can do because that mean I was convicted. I was wondering if this is true? Will this ever go away?

Answer

Time served means final conviction, not dismissed. Final conviction is just that: final. You are not entitled to an expunction on a case where you were found guilty, assessed a fine and given credit for time served to pay the fine.