Expungement questions

[herewegoagain]

What is the name of your state (only U.S. law)? TX

Here are my now dismissed charges:
01/15/07-Asslt Causes Bodily Injury Family Violence (08/01/2007 Dismissed-Other)

01/15/07-Interfer W/Emergency Call (08/01/2007 Dismissed-Other)

07/14/06-Asslt Causes Bodily Injury Family Violence -12/04/2006 (Dismissed-Other)

The 06 charge was dismissed in exchange for 5 sessions with a counselor. The 07 charges were dismissed in exchange for 1 day of anger management. I am trying to get an expungement of these charges and want to know how the expungement process works. Does the judge look over the facts of the case to see if he believes you are actually innocent and then decide to expunge? I am learning a dismiss - other (being a dismissal in which you did something for the dismissal..no matter how trivial) still has a damning effect in that you still appear guilty in the courts eyes...or so it seems.What is the name of your state (only U.S. law)?

[JETX]

Originally Posted by herewegoagain

Does the judge look over the facts of the case to see if he believes you are actually innocent and then decide to expunge?

No. The judge cannot 'undo' a conviction without a valid appeal and compelling evidence.

Under Tex. Code Crim. Proc. Art. 55.01, a person is eligible for expunction if acquitted or convicted and pardoned or meet the following conditions:
1) an indictment or information charging the person with commission of a felony has not been presented or has been dismissed or quashed; and the statutory limitations period has expired; or the indictment or information was dismissed or quashed for lack of probable cause; and
2) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision; and the person has not been convicted of a felony in the five years preceding the date of the arrest.

A person can get expungement for a criminal conviction reversed on appeal. Persons whose identifying information was falsely used without consent by an arrested person may seek expungement of such information. Expungement isn’t available if charges arose out of a criminal episode, as defined by Section 3.01, Penal Code, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode.

Based on your post, you cannot get the conviction expunged since you were NOT acquitted or pardoned.

[herewegoagain]

Sorry, I must not have been clear. There are no convictions. All charges were dismissed. I am trying to get the very fact I was arrested expunged being that still shows on a background check with employers. I just wanted to know if the expungement was automatic upon filing for it, since the charges were dismissed or if it would still need reviewing by a judge or something to that effect in some kind of approval process.

[JETX]

Originally Posted by herewegoagain

Sorry, I must not have been clear. There are no convictions. All charges were dismissed. I am trying to get the very fact I was arrested expunged being that still shows on a background check with employers.

You don't get arrest records 'expunged'. If it were possible (only 'deferred adjudication' arrests can be sealed in Texas), that would be called having the records 'sealed'.