Can You Clear a Domestic Violence Arrest Record
My question involves criminal law for the state of: Texas
Howdy,
I was arrested in April of 2006 and charged with domestic violence. The case was dismissed in March of 2007 and I did not serve probation or deffered adjudication, plea guilty or have a pre-trial diversion. I did not have the money to go to trail at the time, since I was still in college and I didn't want to deal with the turbulance of trial. I still have an arrest record showing that I was charged with domestic violence and was wondering what can be done to have it cleared.
I have no prior arrests and haven't been in any kind of trouble. This was the only time and it was out of her spite.
Also, would it make a difference if I could prove that she was fradulant by supplying evidence from another court case that involved her.
Thanks and have a great day!
Re: Domestic Violence Arrest
I'm no lawyer, and I have just joined the community, but according to you the case was dismissed. Therefor you are eligible to have the arrest expunged. This will cost a decent amount of money, but there are places that accept payment plans. I'd suggest that you shop around, and find an inexpensive lawyer to file the paperwork for you.
As for the woman, you may be better off letting "sleeping dogs lye". But as I mentioned previously, I'm not a lawyer.
Hope I helped.
:D
Re: Domestic Violence Arrest
Quote:
Quoting
JustAPawn
Also, would it make a difference if I could prove that she was fradulant by supplying evidence from another court case that involved her.
The officers on scene needed probable cause to make the arrest (or at least determine which was the aggressor before making a mandatory arrest), and that usually means more than just 100% reliance on verbal statements made by the parties (unless you incriminated yourself). You can certainly present any evidence you might have that she knowingly filed a false police report, but it would still be up to the DA's office to press charges against her for the false arrest against you or for purgery in the later case you mentioned (which still may not have any impact on getting your expungement, depending on the exact circumstances of your arrest).
Your better bet is to concentrate your efforts on the expungement itself.
Re: Domestic Violence Arrest
Just read it slow and watch for verbs nouns and the like, ignoring the extraneous legalese. Then search this forum for for Texas, expunge
http://tlo2.tlc.state.tx.us/statutes...0.htm#55.01.00
Re: Domestic Violence Arrest
You can always go to the police station where you were arrested and ask the clerk if there is a arrest record expungement form.
Perhaps starting from there, you can avoid any lawyer fees.
Hope this helps and good luck.
-Z