Telling you the truth having a gun charge in Texas is really big. If you have the evidence pointed to you your pretty much screwed the only way it could get dismissed if their ain't no evidence. Sorry so harsh im studing law right now and i seen alot of cases like this. If you shot the gun or did anything with a drive by shooting your looking at 5 to 99 years in the penitentry.
Yes, as long as the case was not dismissed subsequent to serving community supervision (probation). See the Texas Code of Criminal Procedure Article 55.02 for the procedure.
Expunction is complicated, so my answer will be simplistic. An individual is eligible for an expunction of an arrest if they are acquitted, or if the case is dismissed due to lack of probable cause, or if it is not charged within the statute of limitations. Added: See below link:
The question makes no sense. A "charge" refers to a criminal charge. A civil case refers to a case that is not criminal.
If a charge is dismissed, it means that the court has decided not to pursue the case further. This can happen for various reasons, such as lack of evidence or procedural errors. When a charge is dismissed, the legal proceedings related to that specific charge come to an end, but other charges in the same case may still be pursued.
Plaintiffs do not charge. They file lawsuits. The plaintiff can always file, but if the case is dismissed with prejudice, a new filing cannot be litigated. If a case is dismissed with prejudice, it means res judicata applies, and a new filing would be dismissed because the issues have already been litigated. If the case is dismissed without prejudice, it means that it has been voluntarily dismissed or dismissed for some reason to allow the case to be refiled and re-litigated later.
you need to ask the court which gave you ard to expunge it from your record after you completed all requirements of the ard program, then it will take 3-6 months for it to be removed.
If you were arrested for a felony crime - and the charge was dismissed before ever reaching the trial stage - you are NOT considered to be a felon. And although your record may reflect an arrest for the offense, it will also show that the charge was dismissed.
If the case re-appeared in the system after being "dismissed' - that means it must have been dismissed "WITHOUT PREJUDICE." This means that the original charge was somehow legally faulty and the judge dismissed it. WITHOUT prejudice means that the prosecutor, after correcting the deficiency, can re-file the charge. If the judge had dismissed it WITH prejudice, the case could not have been re-filed. About your being unable to reach your attorney.... I cannot comment on that.
If you went to court and it was dismissed, it's about as clear as it's going to get. If anyone is questioning that go back to court and ask for a "letter of disposition" on this charge.
Sadly, the arrest stays on your record. The case will show as dismissed.
The judge has found SOME portion of the charge(s) improper or not comporting with law and has dismissed ONLY THAT portion of the original charge(s). The remaining portion of the case is (presumably) still viable and will go forward without the portion that was dismissed.
When a case is dismissed with prejudice, it means that the case is permanently closed and cannot be brought back to court. On the other hand, when a case is dismissed without prejudice, it means that the case can be refiled in the future.