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Would an arrest for a class "C" misdemeanor be in my record?

Question Details:I was found guilty in a jury court. It was an assault in my house and I got arrested.

Asked 2 years ago under Criminal Defense | 1082 Views | More Legal Topics

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M.D., Member, California and New York Bar | FreeAdvice Contributing Attorney Answered 2 years ago

A misdemeanor would become a part of your permanent record.  However, there is a process available, in limited situations, that will allow a person to clear their record.  It is called "expungement".

You may be eligiblele for expungement if:

  • A criminal charge against you has been dismissed, you have been found not guilty, or you have been pardoned; or
  • Someone used your name or identification when arrested (identity theft); or
  • You are a juvenile who has completed a deferred sentence; or
  • You are an underage drinking first offender.

If you are eligible to have your records expunged, you may file a petition in court.  In addition, if you have received a discharge and dismissal from deferred adjudication community supervision (an alternative sentencing program in Texas), you may petition the court for a nondisclosure order following dismissal for some misdemeanors, five years after dismissal for other misdemeanors, or 10 years after dismissal for felonies. A nondisclosure order prohibits criminal justice agencies from disclosing criminal history information to the public.

Again, this is just a limited procedure.  It may not apply to your case.  At this point, you should consult with  local attorney to see if there is any other remedy available to you.

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