The Lifespan of a Domestic Violence Misdemeanor on Your Record

If you’re facing a misdemeanor assault (family violence) charge in Texas, you have a lot at stake. Once this type of allegation is made, it can affect relationships, employment, and many other areas of your life. It’s common to wonder what it will take to make the charge disappear from your criminal history.

It’s crucial to begin any discussion on this important charge with your end-goal in mind. Many believe that pleading guilty and accepting deferred adjudication is a straightforward path to clearing their record. They would be wrong. This is often not the case with misdemeanor family violence charges. Let’s break down what you need to know.

The Reality of Deferred Adjudication

Deferred adjudication might seem like a good option at first. With deferred adjudication, the Defendant admits to the Court their guilt, but the Court does not convict the Accused. The upside – if you successfully complete deferred adjudication, the Court will dismiss the case. You can honestly say you were never convicted of the charge. It’s common to equate this dismissal for a clean criminal history. But, this type of dismissal came with a guilty plea that will hamstring you later.

Why Deferred Adjudication is Different for Domestic Violence

In most cases, deferred adjudication won’t clear your record in a domestic violence case. Texas law is strict on this. There’s a small chance for some relief, but it’s rare and complicated. You need a skilled criminal defense lawyer from the start to even have a shot at this.

Your Best Bet: Dismissal or Winning at Trial

If you want to keep your record clean, the best way is to either get the charges dismissed without a guilty plea or win your case at trial. This means the charges are completely dropped without ever entering a plea, or taking your case to trial and prevailing. Either way, unless you fit in the narrow exception mentioned above, taking a deferred adjudication on these cases may forever leave this allegation on your record.

Why You Need a Skilled Lawyer

This is where having a great defense lawyer comes in. They can look at your case and figure out the best move. It may be fighting the charges in court. It could be helping you prepare your case for a dismissal without the entry of a guilty plea.

Dealing with a domestic violence charge is tough. You need to understand your options and the Texas legal system. It’s important to start your fight of these cases with the end-goal in mind. Remember, deferred adjudication might not be the best path. Think about your future and your record.

Need Help?

If you’re dealing with a domestic violence charge and not sure what to do, reach out and contact us for legal help. A good lawyer can make a big difference in your case and your future.