Asked 3/23/2016 – Longview, TX

I was charged with two A misdemeanors in March of last year. After spending $4500 on bond, monthly bond conditions supervision fees, attorney fees, and the court date being delayed several times (close to 7 months in total waiting), I showed up to court and was told the charges were being dismissed. Do I have to wait another year before I can have the arrest expunged? It’s really hampering my job searching, because everyone assumes arrest=guilty. Also is this process something I can do myself? I don’t have much left in my savings after experiencing this Texas justice system.

Answer

You must wait until the statute of limitations has run; the statute is tolled during the pendency of your case, so unless the DA agrees to an early expunction (which they never do), you must wait 2 years (give or take a few weeks) from the date of the dismissal of the charges before you can file the petition for expunction. You have a constitutional right to represent yourself in any legal proceeding, but don’t expect a clerk of court to provide you with a cut and paste form, or to give your any legal guidance.