austindefender

Criminal defense in Austin Texas.

Faster Expunctions – when the case is “no longer pending”

Posted By on June 21, 2012

The new expunction statute makes some changes in the law regarding expunctions.

One of them is a shorter waiting period if the case was never filed, and is no longer pending.

Under the new law, if the case was never filed and is no longer pending, the waiting period is:

  • 6 months for a class C misdemeanor,
  • one year for class A and B misdemeanors, and
  • 3 years for felonies.

In cases where a charging instrument was filed, but later dismissed, you still have to wait for the statue of limitations to run (unfortunately).


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