Summary
In Texas, you may be eligible for expunction if charges are dropped. Expunction removes the arrest record, while nondisclosure seals it from public view. Eligibility for expunction includes acquittal, case dismissal, or completion of a pretrial diversion program. Illegal pornography charges typically have no statute of limitations, and deferred adjudication may not qualify for expunction but might for nondisclosure. A pretextual arrest uses a minor offense to investigate a more serious crime. If charges were dropped, you might argue the arrest was pretextual. Consider filing a motion to suppress evidence if the arrest exceeded the search warrants scope. Consult a lawyer for personalized advice.Full Conversation
no, what is the difference?
Sure! Here's a brief explanation:
- Expunction: Completely removes the arrest record, as if it never happened. Available only in certain situations.
- Non-disclosure (Sealing): Seals the record from public view but remains accessible to certain government agencies.
Do you need more details on how to start the expunction process?
in Texas, what are the situations i can get the judge to expunction the arrest
In Texas, you can get an arrest expunged if:
- You were acquitted or found not guilty.
- The case was dismissed or no charges were filed.
- You were pardoned.
- You completed a pretrial diversion program.
- The statute of limitations expired.
Have you checked if any of these situations apply to your case?
what is the satute of liminations
In Texas, the statute of limitations varies depending on the type of crime:
- Misdemeanors: 2 years
- Felonies: Typically *-10 years, depending on the crime
- No limitation: Some serious crimes such as murder and sexual assault of a child
Which type of crime are you referring to?
illegal porn barred?
In Texas, the possession or distribution of illegal pornography is a serious crime that typically has no statute of limitations. This means it can be prosecuted at any time.
To better assist you, can you clarify if the charges were related to possession, distribution, or something else?
can an arrest for illegal porn be expunge, it was deferred adjudicated
Case Rating: *
In Texas, if you received deferred adjudication for illegal pornography, you may not be eligible for expunction. However, you might be eligible for an order of nondisclosure, which seals your record from public view.
Would you like more information on the process for nondisclosure?
what is an pretextural arrest?
A pretextual arrest happens when law enforcement officers use a minor offense as a pretext to investigate or arrest someone for a more serious offense. This tactic is sometimes used when they suspect a person of a more significant crime but lack probable cause for that specific crime.
Do you believe your arrest was pretextual?
yes but they were executing a search and seizure for illegal porn, they did not find any evidence, so they arrested me for a different crime
It sounds like you might have grounds to argue that your arrest was pretextual. If the charges for the other crime were dropped, you could be eligible for expunction or nondisclosure.
Would you like more detailed information on how to file for expunction or nondisclosure in Texas?
the charge has not been dropped, but wondering if I can get it dropped because it was pretextual
To challenge a pretextual arrest, you might argue that the arrest was not based on probable cause for the specific crime you were charged with. This could potentially lead to the charges being dropped.
Have you consulted with a lawyer about your case?
no the arrest was beyond the scope
It sounds like you might have a potentially strong case to challenge the pretextual arrest. To move forward, you should:
- Consider filing a motion to suppress any evidence obtained from the arrest due to lack of probable cause.
- Argue that the arrest was beyond the scope of the search warrant.
Have you gathered all relevant documentation and evidence related to your arrest?
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