Class C Misdemeanor Expunctions

[Lamp]

Let's say an individual was arrested and charged with a Class C Public Intoxication. The prosecutor agrees to a couple months Deferred Adjudication (or whatever the equivalent is called in that municipality). My understanding from Section 55 of the Texas Code of Criminal Procedure is that all Class C arrests culminating in deferred adjudication may be expunged immediately upon the end of the deferred adjudication period.

This is in contrast to Class A and B misdemeanors which require the petitioner to wait two years from the time that case was dismissed to be eligible for expunction. Class A & Bs also differ from Cs because those could not result in any form of adjudication (deferred, regular probation, or jail time) to be eligible for expunction. Am I wrong in any of this?

 

[TXSooner518]

Justice and Municipal Courts use Deferred Disposition. This is outlined in Art. 45.051 of the CCP. If you look at 45.051 (e), it provides that records relating to a complaint dismisssed under deferred may be expunged under 55.01.

There is no timetable mentioned, so as soon as the deferral is successfully completed and the charge is dismissed, the case is ripe for expunction.