ExpertLaw Forum - Help With Your Legal Questions
|
| Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions. |
 |

02-09-2009, 10:54 AM
|
|
Junior Member
|
|
Join Date: Feb 2009
Posts: 2
|
|
Class C Misdemeanor: Assault Causes Bodily Injury Family Member
My question involves criminal law for the state of: Texas
In the year 2005 I was arrested for assault causes bodily injury family member. I was 20 years old at the time. I am not really sure what happened because I was under the influence of Xanax and alcohol at the time, but I am told that I scratched my boyfriend's face with my acrylic nails. I was held overnight, pled no contest (I also have no recollection of making this plea), was charged with a class c misdemeanor, and released without prosecution. At the time of my release, my parents were told that this offense was no worse than a traffic ticket.
I am in school right now to be a teacher, and this offense shows up on EVERY criminal background check I fill out. I was recently turned down to volunteer at a preschool because I have an arrest on my record, but I am being allowed to do observation at a local elementary school after appealing my CBC and writing an explanatory paragraph.
This is my worst nightmare. I have not done anything like it before or since, and I don't remember the offense itself due to my extreme level of intoxication at the time. I have a 4.0, am a member of an honor society, and even volunteer in the community. This is not indicative of my character.
My question is: Can I do ANYTHING to make this go away, especially due to the circumstance of having had a mental illness at the time and not being cogniscent at the time of the event? Also, does anyone have any advice on what to tell employers about this conviction? Does anyone know if I will be able to get a teaching job, or any job for that matter with this on my record? Thank you.
|

02-11-2009, 06:08 AM
|
|
Senior Member
|
|
Join Date: Sep 2005
Location: California
Posts: 32,475
|
|
Re: Class C Misdemeanor: Assault Causes Bodily Injury Family Member
What exactly do you mean by being "released without prosecution"? You just told us that you entered a "no contest" plea. What was the exact disposition of your offense?
|

02-11-2009, 07:49 PM
|
|
Senior Member
|
|
Join Date: Nov 2007
Posts: 451
|
|
Re: Class C Misdemeanor: Assault Causes Bodily Injury Family Member
Quoting anonymoususer102030
|
|
My question involves criminal law for the state of: Texas
In the year 2005 I was arrested for assault causes bodily injury family member. I was 20 years old at the time. I am not really sure what happened because I was under the influence of Xanax and alcohol at the time, but I am told that I scratched my boyfriend's face with my acrylic nails. I was held overnight, pled no contest (I also have no recollection of making this plea), was charged with a class c misdemeanor, and released without prosecution. At the time of my release, my parents were told that this offense was no worse than a traffic ticket.
I am in school right now to be a teacher, and this offense shows up on EVERY criminal background check I fill out. I was recently turned down to volunteer at a preschool because I have an arrest on my record, but I am being allowed to do observation at a local elementary school after appealing my CBC and writing an explanatory paragraph.
This is my worst nightmare. I have not done anything like it before or since, and I don't remember the offense itself due to my extreme level of intoxication at the time. I have a 4.0, am a member of an honor society, and even volunteer in the community. This is not indicative of my character.
My question is: Can I do ANYTHING to make this go away, especially due to the circumstance of having had a mental illness at the time and not being cogniscent at the time of the event? Also, does anyone have any advice on what to tell employers about this conviction? Does anyone know if I will be able to get a teaching job, or any job for that matter with this on my record? Thank you.
|
If it was a class c misdemeanor w. diversion of some sort you can get it expunged,if not you can apply for an order of non disclosure.A background for a teacher is more strict so that conviction may come up still. You should find out what the actual conviction was.You do have a conviction,it's not very serious, some places would be willing to over look it.Just be honest and explain what happened and stay out of trouble.
|

02-12-2009, 04:51 AM
|
|
Senior Member
|
|
Join Date: Jul 2008
Posts: 855
|
|
Re: Class C Misdemeanor: Assault Causes Bodily Injury Family Member
In addition, this is a crime of misdemeanor domestic violence, which means that you cannot possess a firearm under federal law.
|

02-12-2009, 07:46 AM
|
|
Senior Member
|
|
Join Date: Mar 2007
Posts: 5,534
|
|
Re: Class C Misdemeanor: Assault Causes Bodily Injury Family Member
Quoting divemedic
|
|
In addition, this is a crime of misdemeanor domestic violence, which means that you cannot possess a firearm under federal law.
|
Usually, DV cases are not subject to expungement.
|

02-13-2009, 07:23 AM
|
|
Junior Member
|
|
Join Date: Feb 2009
Posts: 2
|
|
Re: Class C Misdemeanor: Assault Causes Bodily Injury Family Member
I wanted to thank everyone for your help. I'm sure that you all know that it is very difficult to find any answers to any of these questions as no one seems willing to help.
As for "released without prosecution", that's just what someone who had read my criminal background report had said. I did spend a night in jail, then I went into a courtroom and pled no contest. I was released immediately after that and did not spend any more time in jail. I'm not sure what you mean by the exact disposition, but the title of the offense is in my subject heading, and I've told you all I know.
I think that at this point, it would be good for me to contact a lawyer, now that I know there's a slight chance that I could have it wiped out. Thanks again to everyone who helped. Bless you.
|

02-15-2009, 01:41 PM
|
|
Senior Member
|
|
Join Date: Nov 2007
Posts: 451
|
|
Re: Class C Misdemeanor: Assault Causes Bodily Injury Family Member
You can ask the clerk for the disposition of the case,it will say what the charge and the penalty is. Then you know what the exact charge,conviction and penalty is. To quality for a non disclosure you need to have deferred adjudications.
|
| Thread Tools |
|
|
| Display Modes |
Linear Mode
|
Posting Rules
|
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
HTML code is Off
|
|
|
|
 |
Forum Sponsor |
 |
|
All times are GMT -7. The time now is 01:43 PM.
Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.
|
|
Powered by vBulletin® Version 3.8.2 Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
Copyright © 2004 - 2008 ExpertLaw.com, All Rights Reserved
|