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  1. #1
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    Jul 2011
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    Default How to Expunge an Assault, Intimidation, Family Violence Charge

    My question involves expungements or pardons for the state of: Texas

    ok so on 06/21/2010 i was arrested and spent one night in jail for class c misdemeanor assault : intimidation attached with family violence for to much screaming when me and fiance(then gf) were arguing. didn't hit her. since then we broke up(next day actually) then a few months later i proved to her that i'd changed and stuff and we got back together and things have been perfect since(we got back together February of 2011 and other than my mom and neither of us being able to get a job perfect). anyways i was trying to join the army but i found out that with a family violence or domestic violence conviction i can't join because i can't possess a firearm.
    i spent one night in jail, mom payed $178, and on my papers it says if i show up i'll go to court. if i don't and a judgement of conviction is entered then my $178 would be used to pay for court costs and all that. and if i didn't show up i would enter a plea of nolo contendere and forfeit trial by jury. well i didn't show back up. and idk what happened at all. i really want to join the Army, something i've thought about doing for years. is there any way to get this taken care of? expungement or anything.
    can i get clear answers please, i can never get a clear defined answers please. it was in Waco, TX( well Bellmead, i don't live there) can i call their court and find out or what? idk what to do, i'm so worried about this.

  2. #2
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    Default Re: How to Expunge an Assault, Intimidation, Family Violence Charge

    As is explained in hundreds of threads in this forum, you cannot expunge a conviction in Texas unless you first obtain a pardon.

    Consult a criminal defense lawyer about whether it might be feasible to convince a court and prosecutor to reopen the case, such that you could get resentenced to a deferred sentence and qualify for expungement.

  3. #3
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    May 2011
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    Illinois
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    Default Re: How to Expunge an Assault, Intimidation, Family Violence Charge

    You can always seek assistance from the court clerks. That's their job. Anyway, Knowitall has made it pretty clear what to do. But in the future, know that the clerk of the court is always available to explain procedures.

  4. #4
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    Default Re: How to Expunge an Assault, Intimidation, Family Violence Charge

    Court clerks cannot give legal advice so, while they may be able to review documents to determine if they're in proper form for filing, they're not in a position to tell you whether or not you qualify for the relief you're trying to obtain.

  5. #5
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    Illinois
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    Default Re: How to Expunge an Assault, Intimidation, Family Violence Charge

    Court prcedures sir. I was speaking of court procedures. Are you seriously going to follow each post and critique now?

  6. #6
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    Default Re: How to Expunge an Assault, Intimidation, Family Violence Charge

    Quote Quoting viol8te
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    You can always seek assistance from the court clerks. That's their job. Anyway, Knowitall has made it pretty clear what to do. But in the future, know that the clerk of the court is always available to explain procedures.

    ok so can i go to my county clerk, or do i have to call the one where i got arrested? and how hard/rare is it to get a pardon in texas?

  7. #7
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    Default Re: How to Expunge an Assault, Intimidation, Family Violence Charge

    The county in which the offense occured. They should be able to answer the somple questions as to how long you would have to wait to expunge the case, if this case is expungeable, fees etc... Clerks may not be able to provide leagal advice, but at bare minimum, you'd get some answers as to how the court process goes there.

  8. #8
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    Default Re: How to Expunge an Assault, Intimidation, Family Violence Charge

    Quote Quoting viol8te
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    Court prcedures sir. I was speaking of court procedures. Are you seriously going to follow each post and critique now?
    When something could confuse a reader and thus calls for clarification, I will clarify. I posted first, so I guess you're following me? Get a grip, man.

    Quote Quoting viol8te
    View Post
    They should be able to answer the somple questions as to how long you would have to wait to expunge the case, if this case is expungeable, fees etc...
    That's a legal issue, not a procedural issue.

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