Can a Class C Assault Family Violence Charge Be Expunged in Texas?
When facing a Class C Misdemeanor for Assault Family Violence in Texas, the immediate concern is often the “Family Violence” tag. This designation carries significant weight and can impact your rights and your future. However, there is a silver lining regarding your criminal record: In Texas, you are generally eligible for an expunction if you successfully complete a deferred disposition for this specific charge.
At Beltz Law Group, we help clients navigate the complexities of the North Texas court systems. Understanding how a Class C charge differs from higher-level misdemeanors is the key to protecting your record.
The Crucial Distinction: Deferred Disposition vs. Deferred Adjudication
Expunction Attorney
The ability to expunge an assault family violence case depends entirely on how the case was handled in court. Texas law draws a sharp line between two types of “probation”:
1. Deferred Adjudication (The Bar to Expunction)
Typically used in County Criminal Courts for Class A or B misdemeanors, Deferred Adjudication under Chapter 42A is considered “court-ordered community supervision.” High-level Texas courts, such as in Texas Dept. of Public Safety v. Wallace, have ruled that because this is a form of community supervision, the arrest records cannot be expunged, even if you successfully complete the program.
2. Deferred Disposition (The Path to Expunction)
This mechanism is used exclusively in Justice or Municipal Courts for Class C (fine-only) misdemeanors. Unlike the higher-level version, Deferred Disposition (governed by Article 45A.302) is a separate legal process.
Under Article 45A.305, once you satisfy the terms of your deferral (such as paying a fine or completing a class), the judge must dismiss the complaint. Most importantly, the law states that:
-
There is no final conviction.
-
The complaint cannot be used against you for any purpose.
-
The records may be expunged.
Why the “Family Violence” Tag Doesn’t Stop an Expunction
Many clients are surprised to learn that the “Family Violence” designation—which prevents a person from sealing (non-disclosing) a record in Class A or B cases—does not create a statutory bar for expunging a Class C case.
No Statutory Exception
Expunction Lawyer
The Texas expunction statutes (found in the newly reorganized Chapter 55A) list specific reasons why a person might be barred from an expunction. These typically include things like jumping bail or being convicted of another crime in the same “criminal episode.” Family violence is not listed as a categorical bar to expunction for Class C offenses.
The Penal Code and Future Enhancements
While Texas Penal Code § 22.01(f) states that a family violence deferral counts as a “conviction” for the purpose of enhancing a future punishment (turning a second assault into a felony), it does not turn a dismissed Class C deferral into a final conviction for expunction purposes. Once the case is dismissed via deferred disposition, the path to a clean record remains open.
Requirements for Eligibility
To be eligible for an expunction of a Class C Assault Family Violence charge, you must meet the following criteria:
-
The Venue: Your case must have been in a Municipal or Justice of the Peace court (not a County Court).
-
Successful Completion: You must have finished all requirements (classes, fines, or community service) and received an official order of dismissal.
-
No Final Conviction: You cannot have “just paid the fine” without a deferral, as paying a fine in a Class C case results in a permanent conviction.
-
The Waiting Period: You must ensure any applicable statute of limitations or waiting periods have passed before filing the petition.
Why You Need an Attorney for an Expunction
An expunction is not automatic. Even if your case was dismissed, the records still exist in police databases, court files, and background check company servers. To “erase” the arrest, you must file a formal Petition for Expunction in District Court.
If successful, the court will issue an order requiring all agencies to destroy their records of the arrest. At that point, Texas law allows you to deny the arrest ever occurred on most job and housing applications.
If you have completed a deferred disposition for a Class C Assault Family Violence charge in North Texas, contact Beltz Law Group today at 214-321-4105 or visit us at www.beltzlaw.com to start the process of clearing your name.
