CAN AN ASSAULT CHARGE BE EXPUNGED IN TEXAS?
Yes. Assault charges are generally eligible for expungement in Texas if they are dismissed without probation or resolved without conviction. This includes the following Assault charges:
- Assault
- Assault-Family Violence
- Aggravated Assault
- Aggravated Assault with a Deadly weapon
- Intoxication Assault
- Attempted Assault
A Texas Assault charge can devastate a person’s background and job opportunities. Additionally, assault charges do not just automatically fall off your record, even when dismissed. The only way to clear an Assault record in Texas is through expungement.
Expungement is a powerful legal tool that destroys all records of Assault cases in Texas and allows an individual to deny the charge ever happened.
- What cases cannot be expunged in Texas? Assault convictions and probation cases cannot be expunged in Texas. Assault charges dismissed by Deferred Adjudication are also not eligible for expungement.
However, many first-time probation cases may be sealed by an Order of Nondisclosure.
- Do I need a lawyer to expunge my record in Texas? Yes, expungement is complex and an improper expunction can be catastrophic – incomplete or improperly expunged Assault cases will appear on a criminal background check!
Those seeking to clear their record should contact an experienced Texas expungement lawyer to protect their future.
HOW LONG DOES AN ASSAULT CHARGE STAY ON YOUR RECORD IN TEXAS?
Forever. Assault charges do not disappear from criminal records in Texas even if dismissed. In Texas, Assault charges can only be removed through an expungement.
- Do misdemeanors go away in TX? No, even misdemeanor Assault charges remain permanently on Texas criminal records unless they are expunged.
- Does criminal record clear after 7 years in Texas? No, criminal records do not automatically clear after 7 years in Texas. This is a common misconception. Texas criminal records are permanent! The only way to clear a criminal record in Texas is through an Expunction.
CAN MISDEMEANOR ASSAULT BE EXPUNGED IN TEXAS?
Yes, misdemeanor Assault charges can be expunged in Texas if they are dismissed without probation or resolved by pretrial diversion or specialty court program, like a Veterans Treatment Court.
Misdemeanor Assault charges can also be expunged if resolved by Deferred Disposition in Texas.
- Is Assault a Felony in Texas? Assault is a felony if it causes serious bodily injury or targets certain public servants like police officers or judges.
A felony Assault record can disqualify Texans from residential apartment leases and jobs which is why it is critical to expunge a felony Assault charge as soon as possible.
- What is the statute of Simple Assault in Texas? The simple assault law is in Section 22.01(a)(3) of the Texas Penal Code. Simple Assault is eligible for expungement if dismissed or resolved by Deferred Disposition in Texas.
HOW MUCH DOES IT COST TO GET A CHARGE EXPUNGED IN TEXAS?
It costs up to approximately $5,000 to expunge an Assault charge in Texas. Expungement fees ultimately vary across the state and by the severity of the charge.
- Can assault charges be dropped by the victim in Texas? Charges can be dropped by Texas assault victims, though this is less common in domestic violence cases.
Dropped Assault charges are eligible for expungement and should be expunged as soon as possible. They will not otherwise disappear from a criminal record and they can devastate an individual’s profession and livelihood.
- Will my expunged record show up on a background check in Texas? A properly expunged Assault record will not show up on a background check in Texas. Police cannot see a properly expunged assault record.
An incomplete or improperly expunged Assault charge will appear on background checks in Texas! Those seeking to clear their Assault record should seek the assistance of experienced and qualified Texas expungement lawyers.
HOW LONG DO YOU HAVE TO WAIT TO GET YOUR RECORD EXPUNGED IN TEXAS?
There is no waiting period to expunge an assault charge after an acquittal or pretrial diversion.
Misdemeanor Assault charges require a 1-year waiting period though many expungements also require expiration of the Statute of Limitations.
Felony Assault charges require a 3-year waiting period and many expungements also require expiration of the Statute of Limitations.
- How long is the Statute of Limitation on Assault in Texas? There is a 2-year Statute of Limitations for misdemeanor Assault charges in Texas. Felony Assault charges carry a 3-year Statute of Limitations.
- How long does it take for an expungement to come off your record in Texas? It takes up to approximately 6 months for an expunged assault charge to completely clear from criminal records and databases in Texas, including with the Texas Department of Public Safety.
HOW FAR BACK DOES A CRIMINAL BACKGROUND CHECK GO IN TEXAS?
All the way back! Any assault charge, even really old ones, will appear on a criminal background check. Law enforcement, employers, and licensing agencies in Texas are able to review and consider assault charges no matter how much time has passed.
- What causes a red flag on a background check? Assault is a background check red flag! It is considered a violent offense and, in many instances, an offense of moral turpitude.
This means employers, professional certification authorities, and landlords can freely discriminate against individuals with Assault records in Texas. Do not disregard the dangers of an Assault charge, expunge your record today.
BEST LAWYERS FOR EXPUNGEMENT IN TEXAS
Trey Porter Law is a top-rated Texas law firm with 40+ years of combined experience successfully expunging criminal charges across the Lone Star state. The award-winning Criminal Defense attorneys at TPL understand that assault charges negatively impact background checks, security clearances, and school admissions. Trey Porter Law leverages hard-earned experience, professional relationships, and dynamic, powerful advocacy to get the best result for every client, every time.
