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My brother was cliff jumping in a public park..arrested for tresspassing.

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J

Jaybird

Junior Member
What is the name of your state? Tx
Can you really have a guilty conviction expunged or pardoned in Texas.

In 1998 my little brother was arrested in New Braughnfuls Texas for cliff jumping in a public park located on the Guadalupe river in Comal County and was arrested on July 4th weekend with around 80-90 people. He was bullied into taking a probation agreement in lew of going to court.....at the time he was attending SW State Univ in San Marcos and was afraid he would miss his finals.
He was a SR and was not wanting to risk failing out due to missed exams.

He knew very little at the time about law and courts and things like post ponment of his prospective court date contenuances ect......he wants to join the Boarder Patrol but is having issues with this "criminal tresspassing charge" it sounds so searious and would have never believed his story if not for the fact I went to his court date with him for moral support ect.
I later found out that the COMAL county was doing the arresting with out due prosses and those folks who stood there ground had their charges dropped due to improper markings on the cliff trail**************the no tresspassing sign was not in view untill you went around the corner. Just a question......He is his own boss so it does not affect his life at this time
(exeption on the Boarder Patrol) but you never know what the future has for us.
 
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J

Jaybird

Junior Member
My question is in the opening statement....no disrespect.

Can he have the tresspassing charge removed, reduced, expunged ect after he pled guilty.
 
B

BelizeBreeze

Senior Member
Jaybird said:
Can he have the tresspassing charge removed, reduced, expunged ect after he pled guilty.
Click to expand...
Is it possible for someone with such charges to have them expunged from their record after being found guilty? Yes.

Is it possible for YOUR BROTHER to have such charges expunged from his record after being found guilty? That depends entirely on the court that issued such a ruling.

No one here can tell you yes or no since we don't have the trial transcript nor do we have all the facts.
 
J

Jaybird

Junior Member
My question is in the opening statement....no disrespect.

lol yes it is my brother.....I was expecting that....hahaha ok good. I was right. I will pass on the info. I was on a diffrent section of the forum and thought what the hey why not ask....thank-you.....I get alot of "my brother, sister, mother" needs advice type questions at my work as well.
Respectfully
Jaybird
 
xylene

xylene

Senior Member
Jaybird said:
What is the name of your state? Tx
Can you really have a guilty conviction expunged or pardoned in Texas.

In 1998 my little brother was arrested in New Braughnfuls Texas for cliff jumping in a public park located on the Colorodo river with 80-90 people. He was bullied into taking a probation agreement in lew of going to court.....at the time he was attending SW State Univ in San Marcos and was afraid he would miss his finals.
He was a SR and was not wanting to risk failing out due to missed exams.

He knew very little at the time about law and courts and things like post ponment of his prospective court date contenuances ect......he wants to join the Boarder Patrol but is having issues with this "criminal tresspassing charge" it sounds so searious and would have never believed his story if not for the fact I went to his court date with him for moral support ect.
I later found out that the COMAL county was doing the arresting with out due prosses and those folks who stood there ground had their charges dropped due to improper markings on the cliff trail**************the no tresspassing sign was not in view untill you went around the corner. Just a question......He is his own boss so it does not affect his life at this time
(exeption on the Boarder Patrol) but you never know what the future has for us.
Click to expand...
-----
Legally- Your brother would be best served by consulting with a well qualified lawyer.
-----

As a personal aside - I bet it was totaly worth it. Cliff diving / bridge jumping are bitchin rad.
 
H

Heather2

Member
Texas sucks! Many other states would allow him to expunge but not Texas. It is very hard to get a pardon for anyone but that is his only hope.

http://www.uslegalforms.com/lawdigest/expungement-criminal-records-law.php/TX/TX-EXP.htm
Who is eligible to get records expunged?

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.

As permitted by Tex. Code Crim. Proc. Art. 45.051, a juvenile who has completed a deferred sentence may seek expungement under § 55.01.

Under Tex. Code Crim. Proc. Art. 45.053. involving the dismissal of a misdemeanor charge on commitment of a chemically dependent person, records relating to a complaint dismissed under this article may be expunged under Article 55.01.

If the court finds that the person was not convicted of any other offense described by Section 8.07(a)(4) or (5), Penal Code, while the person was a child, the court shall order the conviction, together with all complaints, verdicts, sentences, and prosecutorial and law enforcement records, and any other documents relating to the offense, expunged when turn 17. Tex. Code Crim. Proc. Art. 45.0216.

Also, under Texas Alcohol and Beverage Code § 106.12, a first-offender of underage drinking violation may have records expunged. Must not have any other violations under the Alcohol and Beverage Code while a minor to be eligible and submit a sworn statement to that effect to the court.

As you can see unless he was a minor and received a deferred sentence or receives a pardon he does not qualify.
 
J

Jaybird

Junior Member
I stand corrected

The Guadalupe river.....again thank you for the correction. He was need the rail brige near the end of the tube ride part of the river....ever been there?


steveatx said:
The Colorado doesn't go through New Braunfels-- It would have been the Comal River or the Guadalupe River.
Click to expand...
 
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