Criminal

Expunctions after a Class C Disposition and DWI Reductions to Obstruction of a Highway

Deferred disposition on a class C. that’s going to be eligible for an expunction. Various kinds of deferred prosecution agreements that we get in our different jurisdictions and then if you get a charging instrument quashed and they don’t re-file it that’s also going to be eligible for an expunction. And finally, reductions! When you have a case that’s been, that’s filed as one thing, and it’s reduced to another crime. Well that can be done. You can get an expunction on that, if the reduced charge is also dismissed. And that’s something we’ll talk about here in a second too. Now, so the person has been released, the charge has not resulted in a final conviction.

Now, there is a case, out of El-Paso that talks about when the case results in a final conviction. This is a situation we also see all the time. Possession of marijuana reduced to possession of drug paraphernalia. and what the El-Paso court said was is that,” when a person is released, arrested for the possession marijuana but they’re later convicted of possession of drug paraphernalia, that conviction on the class C resulted from the arrest on the POM. So because that resulted in an arrest, then the person cannot get the possession of marijuana expunge! So it’s very important to know your dispositions before you ever have anybody plea to this. Don’t plead somebody to a class C final, and give them the impression that the class B because it was dismissed is not going to be on their record.

And I know you don’t do that, but you know you would don’t believe, or maybe you would believe number of calls that I get I mean, just like Betty was saying,” you told me this wasn’t going to be on my record!” ok. That’s what people hear when hear your dismissal. But if we can counsel them as to what’s really going to happen and let them know what kind of relief they’re eligible for, then we’re going to put ourselves in a lot better position not to get those kind of calls.

And so this is, also going to apply to lesser included offenses. If you were like, for example: there was a case and I’m going to talk about it in a little bit about, where an attorney, basically what he did was apply for an expunction where his client had been arrested for delivery of marijuana but they, I’m not sure they dismissed it or convicted him of possession of marijuana and the attorney filed him, filed an expunction for him because the delivery was dismissed. Well, because this is held to be resulting in a final conviction, that attorney was charged with 4 accounts of tempering with the government record and I’m not sure he’s ever convicted of, coz this is all kind of, this is all motion of caution that’s what all the case law arose out of.

But, you want to be real careful about your pleadings and make sure that when you do have something to someone who’s been, that has resulted in a final conviction, you’re not trying to claim it didn’t. And then of course the case is no longer pending. And no court ordered community supervision for the offense. Now, this court ordered community supervision for the offense comes into play when you’ve got somebody who is arrested for either 2 things at a time or in kind of that plea down situation. Let’s take the example where the DWI has been another one we’ve always done. The DWI has been dismissed and the person pleads to obstructing a highway.

Francisco Hernandez

Author Francisco Hernandez

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