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  1. #1
    Join Date
    Jul 2008
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    4

    Default Can My Record be Expunged in Texas if a Class B Misdemeanor Was Reduced to a Class C?

    My question involves criminal law for the state of: Texas

    Five years ago I was driving a relative's vehicle who had put an inspection sticker on it from another vehicle. In order to keep them out of trouble, since they are a parent and I'm single, I pleaded guilty to knowing it was false. I was arrested, convicted of a Class B Misdemeanor, but my attorney got it reduced to a Class C with a charge of no inspection sticker. My criminal record shows my mugshot and the original offense. Can I get it expunged or does it count as a Class B? I'm trying to get married in another country to have spousal privileges and I have to give the government a copy of my criminal background. I would like to have documentation showing it's been dismissed, after the fact, since it was not my vehicle. Please advise. It's greatly appreciated.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: Can My Record be Expunged in Texas if a Class B Misdemeanor Was Reduced to a Clas

    Expungement is available following the successful completion of a deferred sentence for a Class C misdemeanor. Was your sentence deferred?

  3. #3
    Join Date
    Jul 2008
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    Default Re: Can My Record be Expunged in Texas if a Class B Misdemeanor Was Reduced to a Clas

    I'm sorry for being ignorant about law especially the jargon.

    I spent one evening in holding, never stood in front of a judge for arraignment, family bonded me out through a bail bondsman, paid everything and followed through with the bondsman's policies and rules, went to court, attorney got it reduced and I never spent another day in jail nor did I have any deferred adjudication or probation.

    Being as how the cat's out of the bag, and I need to "help you help me", I'm humbling myself and giving you a portion of my report at the end of this reply.

    It says near the bottom "Class C misdemeanor"
    "Expired - No inspection sticker", "convicted-lesser charge" and "final pleading G (Guilty)"

    The original, possible outcome, with a conviction, could have been a Class B Misdemeanor, a $2000 fine, and 6 months in county jail. But, as I said, besides the 16 hours I spent in holding until family bonded me out, I never spent any jail time nor probation or deferred adjudication.

    Does any of this help? Do I have ANY chance, with aid from a law firm, perhaps, of petitioning the court for expunction? I pray I do. I don't want this on there forever.

    Thanks a lot for having this website to answer questions that would otherwise be answered with retaining a lawyer.

    Here's the report.


    DATE OF ARREST 10/30/2002
    AGENCY DESCRIPTION TX1010000 ( HARRIS CO SO HOUSTON )
    CHARGE
    ARREST OFFENSE 26990078 ( OWNER KNOWINGLY ALLOWS VEH TO DISPLAY FIC CER )
    ARREST OFFENSE LITERAL TX10100000210302039
    ARREST OFFENSE CITATION 548.603
    LEVEL AND DEGREE OF OFFENSE MB ( MISDEMEANOR - CLASS B )
    DATE OF OFFENSE 10/30/2002
    ARREST DISPOSITION 205 ( HELD )
    ARREST DISPOSITION DATE 10/30/2002
    PROSECUTOR ORI REFERRED TO TX101015A ( DISTRICT ATTORNEYS OFFICE HOUSTON )
    PROSECUTION DETAIL
    AGENCY DESCRIPTION TX101015A ( DISTRICT ATTORNEYS OFFICE HOUSTON )
    PROSECUTOR ACTION FIELD A ( PROSECUTOR ACCEPTS THE CHARGE )
    PROSECUTOR OFFENSE 26990078 ( OWNER KNOWINGLY ALLOWS VEH TO DISPLAY FIC CER )
    PROSECUTOR OFFENSE CITATION 548.603
    LEVEL AND DEGREE PROSECUTED MB ( MISDEMEANOR - CLASS B )
    COURT STATUS
    COURT SEQUENCE a
    AGENCY DESCRIPTION TX101413J ( COUNTY CRIMINAL COURT AT LAW 15 )
    COURT OFFENSE 99999999 ( CLASS C MISDEMEANOR )
    COURT OFFENSE LITERAL EXPIRED - NO INSPECTION
    LEVEL AND DEGREE OFFENSE MC ( MISDEMEANOR - CLASS C )
    COURT DISPOSITION 311 ( CONVICTED - LESSER CHARGE )
    COURT DISPOSITION DATE 11/20/2002
    DATE OF SENTENCE/STATUS 11/20/2002

    FINAL PLEADING G ( GUILTY )
    COURT FINE 500
    MULTIPLE SENTENCES CODE CC ( CONCURRENT )

  4. #4
    Join Date
    Jul 2008
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    4

    Default Re: Can My Record be Expunged in Texas if a Class B Misdemeanor Was Reduced to a Clas

    Can you help?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
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    Default Re: Can My Record be Expunged in Texas if a Class B Misdemeanor Was Reduced to a Clas

    Just tell us, yes or no, was your sentence deferred?

  6. #6
    Join Date
    Jul 2008
    Posts
    4

    Default Re: Can My Record be Expunged in Texas if a Class B Misdemeanor Was Reduced to a Clas

    No, it wasn't.

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