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Expunged Case - Can someone be charged with Felony for TALKING about it?

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zebrastrips2

Junior Member
TEXAS
My significant other and I live together. A couple years ago we had an incident that got out of control and it broke my wrist. He was trying to get me to stay by yanking my bag and it "accidentally" broke my wrist. It was tangled.
He faced charges. I started pressing charges but I backed off. He was charged but was not indicted by a grand jury. He later got it expunged.
He has said repeatedly that that if ANYONE talks about his case they will be charged with a felony.
The other night I was arguing with him and I told him I wanted to leave the house and he wouldn't let me. I told him I would call 911 for a guided exit by authorities.
he told me that if I ever talked about that case (even to police in this situation) I would face FELONY charges for talking about an expunged case.
I said I have a SCAR on my wrist from the surgery. Am I supposed to EXPUNGE THAT?!
He said (in anger) that I would face a felony and he wouldn't hold back.
He has now calmed down and everything is peachy keen -- like this goes...he tends to make threats he never really plans to enforce. BUT -- clearly, he doesn't say this crap for nothing.
Is he correct? He also told me that if ANYONE talked about the case in his profession -- he would tell them they will face felony charges.
True?
 


Just Blue

Senior Member
TEXAS
My significant other and I live together. A couple years ago we had an incident that got out of control and it broke my wrist. He was trying to get me to stay by yanking my bag and it "accidentally" broke my wrist. It was tangled.
He faced charges. I started pressing charges but I backed off. He was charged but was not indicted by a grand jury. He later got it expunged.
He has said repeatedly that that if ANYONE talks about his case they will be charged with a felony.
The other night I was arguing with him and I told him I wanted to leave the house and he wouldn't let me. I told him I would call 911 for a guided exit by authorities.
he told me that if I ever talked about that case (even to police in this situation) I would face FELONY charges for talking about an expunged case.
I said I have a SCAR on my wrist from the surgery. Am I supposed to EXPUNGE THAT?!
He said (in anger) that I would face a felony and he wouldn't hold back.
He has now calmed down and everything is peachy keen -- like this goes...he tends to make threats he never really plans to enforce. BUT -- clearly, he doesn't say this crap for nothing.
Is he correct? He also told me that if ANYONE talked about the case in his profession -- he would tell them they will face felony charges.
True?
No. That is not true. I suggest you leave him before he kills you.
 

zebrastrips2

Junior Member
He is not physically violent now. He is emotionally difficult -- for sure.

Are you SURE that this is false? He seems very strong about this. He said his lawyer told him this...and another colleague who had the same issue in our state.

I couldn't find it online but typically he isn't too far off....

No. That is not true. I suggest you leave him before he kills you.
 

quincy

Senior Member
He is not physically violent now. He is emotionally difficult -- for sure.

Are you SURE that this is false? He seems very strong about this. He said his lawyer told him this...and another colleague who had the same issue in our state.

I couldn't find it online but typically he isn't too far off....
Although the criminal offense can be expunged from a criminal record, the fact that there was an expungement remains as part of his criminal history - and the fact of the criminal offense itself is not expunged from the memories of those who were involved.

It is NOT a crime to speak of what happened to you, if what you say is true. Having proof of the truth can be important, however, if you are sued for defamation over what you say (write).

I agree with Bambi that you should seriously consider leaving this relationship. You can find assistance through a domestic violence organization in your area.
 
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LdiJ

Senior Member
TEXAS
My significant other and I live together. A couple years ago we had an incident that got out of control and it broke my wrist. He was trying to get me to stay by yanking my bag and it "accidentally" broke my wrist. It was tangled.
He faced charges. I started pressing charges but I backed off. He was charged but was not indicted by a grand jury. He later got it expunged.
He has said repeatedly that that if ANYONE talks about his case they will be charged with a felony.
The other night I was arguing with him and I told him I wanted to leave the house and he wouldn't let me. I told him I would call 911 for a guided exit by authorities.
he told me that if I ever talked about that case (even to police in this situation) I would face FELONY charges for talking about an expunged case.
I said I have a SCAR on my wrist from the surgery. Am I supposed to EXPUNGE THAT?!
He said (in anger) that I would face a felony and he wouldn't hold back.
He has now calmed down and everything is peachy keen -- like this goes...he tends to make threats he never really plans to enforce. BUT -- clearly, he doesn't say this crap for nothing.
Is he correct? He also told me that if ANYONE talked about the case in his profession -- he would tell them they will face felony charges.
True?
He is flat out lying. It is never a felony to talk about something that you know. We have freedom of speech in this country. If you use your freedom of speech to lie about something, that can be defamation, but with the exception of some VERY rare circumstances in a handful of states, defamation is a civil issue not a criminal issue. This situation wouldn't be defamation anyway because you would NOT be lying. HE is lying when he says that you are not allowed to talk about it, let alone that it is a felony for you to do so.:rolleyes:

I am sorry to be so blunt but you are a freaking fool. The man broke your wrist, lies to you, threatens you and you have so little self esteem that you actually STAY with him? I hope that there are no children living in your home, because you are teaching them that its ok for a man to browbeat and abuse a woman.
 

quincy

Senior Member
He is flat out lying. It is never a felony to talk about something that you know. We have freedom of speech in this country. If you use your freedom of speech to lie about something, that can be defamation, but with the exception of some VERY rare circumstances in a handful of states, defamation is a civil issue not a criminal issue. This situation wouldn't be defamation anyway because you would NOT be lying. HE is lying when he says that you are not allowed to talk about it, let alone that it is a felony for you to do so.:rolleyes:

I am sorry to be so blunt but you are a freaking fool. The man broke your wrist, lies to you, threatens you and you have so little self esteem that you actually STAY with him? I hope that there are no children living in your home, because you are teaching them that its ok for a man to browbeat and abuse a woman.
Please watch the "never" and "always" statements, LdiJ, because there are rarely nevers or always in law - and these statements of yours are invariably wrong (as is the statement I have bolded above). Lies are not the only type of speech that can be legally problematic.
 

LdiJ

Senior Member
Please watch the "never" and "always" statements, LdiJ, because there are rarely nevers or always in law - and these statements of yours are invariably wrong (as is the statement I have bolded above). Lies are not the only type of speech that can be legally problematic.
Quincy...in this instance you are not only wrong but irresponsible.
 
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quincy

Senior Member
Quincy...in this instance you are not only wrong but irresponsible
Accuracy is NOT irresponsible. Continuing to post inaccuracies as you do IS irresponsible.
 
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CTU

Meddlesome Priestess
TEXAS
My significant other and I live together. A couple years ago we had an incident that got out of control and it broke my wrist. He was trying to get me to stay by yanking my bag and it "accidentally" broke my wrist. It was tangled.
He faced charges. I started pressing charges but I backed off. He was charged but was not indicted by a grand jury. He later got it expunged.
He has said repeatedly that that if ANYONE talks about his case they will be charged with a felony.
The other night I was arguing with him and I told him I wanted to leave the house and he wouldn't let me. I told him I would call 911 for a guided exit by authorities.
he told me that if I ever talked about that case (even to police in this situation) I would face FELONY charges for talking about an expunged case.
I said I have a SCAR on my wrist from the surgery. Am I supposed to EXPUNGE THAT?!
He said (in anger) that I would face a felony and he wouldn't hold back.
He has now calmed down and everything is peachy keen -- like this goes...he tends to make threats he never really plans to enforce. BUT -- clearly, he doesn't say this crap for nothing.
Is he correct? He also told me that if ANYONE talked about the case in his profession -- he would tell them they will face felony charges.
True?

This sounds awfully familiar. I mean, familiar familiar. Is your SO in the medical field?
 

Just Blue

Senior Member
Quincy...in this instance you are not only wrong but irresponsible.
You ever hear of a "gag order" LD? That is ONE way it is possible to end up in jail for speaking about a case. And now you can admit, like a reasonable person, that your blanket statement is, in fact, inaccurate. :)
 
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zebrastrips2

Junior Member
He is adamant that it is a felony in the state of Texas to even mention his case because he had it expunged.

And no, I haven’t posted here before. He is an engineer .... and is there any penalty other than civil ? I did see civil (slander if printed or published after expungement).
 

Zigner

Senior Member, Non-Attorney
He is adamant that it is a felony in the state of Texas to even mention his case because he had it expunged.

And no, I haven’t posted here before. He is an engineer .... and is there any penalty other than civil ? I did see civil (slander if printed or published after expungement).
Leave him...NOW.

Please tell me there are no children involved.
 
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