My husband went to his arraignment for assualt with b.i. and was offered a reduction from a class A misdemenor to a Class C and a 200.00 fine. Our attorney said that once he paid the fine it would be considered deferred adjudication and the case would be dismissed and it would be expunged. When the court papers were sent for him to sign it said nothing about Deferred adj. nor being dismissed, it just said he pleaded nolo contendre/guilty and there was an x next to a line that said guilty as charged. Now he finds out that it will be on his record and that the attorney is not sure about a class a to c being expunged, he has not signed the papers yet. Also, he asked the attorney if he got to look at my husbands file that the prosecutor had and he said no, he didn't even see the police record. We had witnessess to our case and my husband would never have opted for a plea of no contest if he thought it would be on his record. He has never even had so much as a traffic violation in the 20 years we have lived in our county. What do you think? can it be expunged? or being that we have witnesses and know for fact they were never interviewed go to trial? he feels that if the prosecuting atty knew there were witnesses and his assault was a result of someone trying to drive off in his vehicle (protecting his property) that the prosecutor would have possibly dismissed the case or something that would result in it not being on his record.

