Consequences of a Domestic Violence Charge, With a Deferred Disposition

[alexk23]

My question involves criminal law for the state of: TEXAS. I was arrested for assault family violence in June of 2010. My case was placed on deferred prosecution, pending completion of resolution counseling (completed May 2011). However, court document states dismissal on November 2010. I've read numerous articles and heard several testimonials from attorneys which are contradictory to each other.

1) My question is, how long do I have to wait until I can petition for expunction of the above mentioned charge?

2) Also, what is the process of petitioning for expunction without counsel?

3) How long after completion of expunction until my pre-employment criminal background checks are clear?


I have been registered nurse since 2001 and this is really hurting my opportunity to seek new employment. I am aware that most employers will not hire a registered nurse with the above mentioned charge, even without conviction, as we are involved in direct patient care. Although the State Board of Nursing informed me that my RN license is secure, it is still very difficult to find employment. I am not at all a violent person and take pride in caring for my patients. The circumstances of the arrest was explained by the arresting officer, "We have to arrest someone because we were called (by a bystander)." Ridiculous. My wife refused to press charges, she was adamant that she was not hurt, and continuously stated to the officer that we both just wanted to go home. So there, more revenue for the State, and shattered professional reputation.

[Mr. Knowitall]

There are threads in the expungement forum that describe the process and eligibility, and some of the Texas threads link to forms. Go read them.

In Texas you can get an expungement of a deferred Class C misdemeanor; for most other deferrals you can qualify to seal your record after a statutory waiting period. Other than as previously stated, expungement is only available following a pardon.

Nobody can promise you that your criminal conduct won't show up in a background check, even if you get an expungement.