Full question:
If a misdemeanor case was dismissed, how long does the defendant have to wait before he/she can request for expungement? And how long does an expungement take with the help of a lawyer?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Texas
Answer:
In Texas, a person can request expungement of records related to a dismissed misdemeanor case once certain conditions are met. Specifically, the defendant must ensure that:
- No felony charges related to the arrest are pending or have been filed.
- The defendant has not been convicted of any felony in the five years prior to the arrest.
- The charge has not resulted in a final conviction and is no longer pending.
Once these conditions are satisfied, the defendant can file a petition for expungement. The court must set a hearing on the petition no sooner than thirty days after it is filed. After the hearing, if the court finds the defendant is entitled to expungement, it will issue an order.
The entire process can vary in duration depending on the court's schedule and any potential complications, but it typically takes several months to complete with the assistance of a lawyer.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.