Charges for assault are some of the most common criminal charges people face in Texas, but this doesn’t mean they don’t have long-lasting consequences on your life. Assault charges generally leave you with a criminal record that can wreak havoc on your personal and professional lives long after you’re finished dealing with your criminal case, leaving you to wonder, “Can an assault charge be expunged?”
The answer to this question depends on the answers to the following:
- Were you convicted?
- What exactly were you charged with?
- How long has it been since your charge?
There are opportunities for a fresh start in Texas, but it all depends on the details of your case. If you or a loved one is currently facing assault charges, the best thing you can do to secure an expungement is avoid conviction. The harder you and your attorney fight for you today, the better chance you’ll have tomorrow.
Facing charges? Call Thiessen Law Firm today at (713) 864-9000 for winning defense.
Can you get rid of an assault charge?
Whether or not you can expunge your assault charge in Texas depends primarily on the outcome of your case; if you were arrested for assault but never charged, or if the charges were dismissed, you may be eligible for expungement in Texas. Similarly, if you were charged but found not guilty at trial, expungement is often possible. These scenarios are more common than you might think.
If you were convicted of assault, however, even for a first-time assault charge in Texas, the path to clearing your record becomes much more complicated. While convictions for assault are not eligible for expungement in Texas, they may be eligible for:
- Record sealings or orders of non-disclosure, which don’t completely remove the charges from your record, but limit who can access them.
- Deferred adjudication programs, which are often offered in place of a conviction.
The key distinction is that expungement typically applies to arrests that didn’t result in conviction, while convictions usually require other forms of record relief.
Can simple assault be expunged?
Simple assaults, which are classified as either Class A or Class B misdemeanors in Texas, present a complicated situation. Here’s when Texas simple assault charges might be eligible for expungement:
- Arrests with no charges filed. If you were arrested for simple assault, but no formal charges were ever filed, you may petition for expungement after the statute of limitations expires (typically two years for misdemeanor assault).
- Charges dismissed. If assault charges were filed but later dismissed, you may be eligible for expungement.
- Acquittals. If you went to trial and were found not guilty of assault, you can typically petition for expungement.
- Deferred adjudication. If you received deferred adjudication for simple assault (that didn’t involve family violence) and successfully completed the terms, you may be eligible for an order of non-disclosure, though not full expungement.
The fact of the matter is that even for the lowest forms of assault, expungement is generally only available in Texas if you win your case. This is why it is so important to hire the best Houston assault lawyer that you possibly can and attempt to avoid conviction entirely.
What crimes can be expunged in Texas?
Texas law allows for the expungement of several types of criminal records, though the eligibility requirements can be complex. Generally, the following scenarios qualify you for expungement in Texas:
- Arrests that didn’t lead to charges
- Charges that were dismissed (with some exceptions)
- Acquittals — or Not Guilty verdicts
- Convictions that were later pardoned
- Convictions overturned on appeal
- Certain misdemeanors committed by minors
- Certain alcohol-related offenses committed as a minor
Remember that for most situations, convictions (and this includes deferred adjudication) do not qualify for complete expungement, though they may qualify for orders of non-disclosure in some cases.
Because the expungement landscape in the Lone Star State can be so complex, you can really only be sure of your legal options after speaking with a qualified Texas expungement attorney, who can help you understand all of your options.
Which felonies can be expunged in Texas?
Felony expungement in Texas is even more limited than expungement for misdemeanor crimes. Generally, convictions for felonies are not eligible for expunction under any circumstances, but the same circumstances apply to non-convictions. Some felony scenarios that may qualify for expunction in Texas include:
- Arrests for felonies that never resulted in charges
- Felony charges that were dismissed
- Acquittal on felony charges
- Convictions overturned on appeal
- Pardons for felony offenses
What charges cannot be expunged in Texas?
While there are only very narrow situations in which charges can be expunged, Texas law is much more specific on charges that cannot be expunged. Convictions for the following crimes are not expungable in Texas:
- Sex offenses
- Convictions involving family violence
- Repeat DWI convictions
- Child endangerment charges
- Deadly conduct charges
- Aggravated assault charges
- Charges involving deadly weapons
- Homicide charges
While convictions for some of these offenses might allow for some form of record relief, Texas is very specific that these charges cannot be expunged — even after successful completion of rehabilitation or alternative sentencing programs.
This is why you’ve got to fight your charges before you’re convicted. If you’re facing an assault charge and wondering how to expunge your record in Texas, what you should really be wondering is how to beat an assault charge in Texas, because a charge is not a conviction and you can still fight another day.
What is the new expungement law in Texas?
Although there have been a number of changes to the Texas criminal procedure over the last few years, the one with the biggest impact on expungement is House Bill 3016, also known as the Second Chance Law.
The Second Chance Law gives non-violent first-time offenders a chance at nondisclosure even if they were convicted of a crime, making sure that most employers — or anyone outside of high-level government agencies — can’t see the charge on a background check.
Unfortunately, convictions for assault do not qualify for non-disclosure or expunction under HB3016. The bill only lays the groundwork for first-time nonviolent misdemeanor convictions, for which assaults do not qualify, no matter how low-level the charge.
Will I pass a background check with an assault charge?
An assault charge on your record will typically appear on standard background checks unless it has been expunged or sealed:
- Expunged charges will not appear on most background checks, as legally they no longer exist.
- Sealed records (through orders of non-disclosure) will not appear on most private employer background checks, but may still be visible to government agencies, licensing boards, and certain industries like healthcare or education.
- Un-expunged, unsealed assault charges will generally appear on background checks, whether they resulted in conviction or not.
Now the impact of an assault charge on your background check depends on a few factors as well, including:
- The outcome of the case, because honestly, dismissals look much better than convictions.
- The severity of the charge, because similarly simple assault looks a lot more acceptable than aggravated assault.*
- When it occurred, because recent charges are likely to raise more concerns.
- What you’re applying for will also make a big difference. Employment, for example, will be much more difficult to secure than an apartment.
For positions requiring trust, security clearances, or work with vulnerable populations, even sealed records may be accessible and could affect your candidacy. The bottom line is that if you are convicted, your conviction will likely affect your life forever. It’s never too late to talk to an attorney and discuss your options, but the best time to fight for your future is before you’re convicted, when a skilled assault lawyer can still help you keep your record clean.
*Continue reading about assault versus aggravated assault
Facing assault charges? Fight to avoid conviction with Thiessen Law Firm.
Can an assault charge be expunged? Yes, but only under very specific circumstances. If you’re currently facing assault charges in Texas, the best strategy is to fight for dismissal or acquittal by hiring the best assault lawyer Houston has to offer. A successful defense can set you up for a successful expungement or non-disclosure in the future, and leave opportunities open that otherwise might be closing.
Whether you’re wondering how to get a possession charge expunged or are looking for DWI expungement in Texas, the Houston expunction lawyers at Thiessen Law Firm are here to help. Call us today at (713) 864-9000 or contact us online to get started.
More Helpful Articles by Thiessen Law Firm:
- When Is it Legal to Shoot Someone in Texas?
- What Are the Penalties for Assault in Texas?
- Is It Illegal To Threaten Someone in Texas?
- Everything You Need to Know about Misdemeanor Assault in Texas
- What Is the Assault Statute of Limitations in Texas?
