Early Expungement?

[lifemoveson]

What is the name of your state? TX

Can a criminal arrest be expunged from your record sooner if it is dismissed as result of a plea bargain as opposed to a dismissal without a plea bargain?

I was told that a charge that was dismissed without a plea bargain could not be expunged for the period that the charges could be refiled, so 2 years for a misdemeanor, 3 years for a felony. However if one were to plea bargain for the dismissal, the charges couldn't be brought back up, therefore an expungement could occurr sooner?

This makes no sense to me so I wanted to ask.

 

[Kane]

Curt... that's wrong.

In fact, it's backward. In Texas, dismissals can be expunged; convictions cannot.

Life, as you've been told, the general rule is that you can't file for an expunction until after the statute of limitations has run. It makes sense - as you said - that if the dismissal was with prejudice you ought to be able to get an expunction right away. But personally, I've never seen it done.

Talk to some criminal defense attorneys in your area, and see what they say. You're going to need a lawyer for the expunction anyway.

 

[CavemanLawyer]

Look at Art. 55.01 of the Tx. Code of Crim. Procedure.

There are only a couple ways to expunge prior to the statute of limitations running. One is if it goes to trial and you are acquitted or you are convicted and then pardoned. The other ways are if the charging instrument is quashed or dismissed because of some form of mistake or unlawful arrest including lack of probable cause for arrest.

If charges are dismissed as part of a plea agreement than you are most likely always going to have to wait until the statute of limitations runs before you can try to expunge.