Criminal

Expunctions based on Recommendation

And you can also apply for this recommendation expunction. A recommendation expunction is where you get the, it’s kind of like that certification but, it’s a little stronger language than that. And if you get it past the prosecutor, I think a recommendation is a great thing to have in an expunction. Anyway, just in case the person ever has to show somebody the expunction, they can show them not only was it dismissed, not only did the court say that it should be expunged but the prosecutor recommended it for expunction. So, if you can get a recommendation on an expunction, then it has to be done by a prosecutor with jurisdiction to recommend it. And it has to be recommended before the person is tried for the offense.

now, you don’t, it doesn’t, all that stuff we said earlier about the cases, it’s no longer pending, there was no court order supervision; all that doesn’t apply to this. The case does have to be recommended before they’re tried for it though so somebody who’s placed on deferred adjudication, when they plead, that’s the trial! so, you’re not going to be able to get deferred adjudication expunged and I’ve had that question but it does have to be done before the person’s tried for it and so it does run well for your dismissals that are inside the ‘Statute Of Limitations’. So, if you need an early expunction that’s the best way to go if you can get it.

Francisco Hernandez

Author Francisco Hernandez

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