News, Reviews & Blog - Page 12 of 19 - Randall Isenberg

If I got a class c misdemeanor dismissed, what is the waiting period to get an expungement?

Posted on June 11, 2025

In Texas, if you’ve had a Class C misdemeanor case dismissed, you may be eligible to have it expunged, but there are waiting periods involved before you can file for expunction.

The waiting period for a dismissed Class C misdemeanor is generally 180 days from the date of the arrest.

Important Considerations:

If charges were filed: You’ll likely need to wait until the statute of limitations for the offense has expired. This is because the prosecutor has the option to keep records on file if the statute of limitations hasn’t run out. The statute of limitations for misdemeanors in Texas is generally two years, with exceptions for certain offenses like misdemeanor assault involving family violence, which has a three-year statute of limitations.
Deferred Disposition: If your case was dismissed after successfully completing a deferred disposition program, you become eligible for expungement later.
No automatic expungement: In Texas, expungement of Class C misdemeanors is not automatic even after dismissal. You must take specific legal action and file a Petition for Expunction to initiate the process.

Keep in mind that the time it takes to get the expungement order can vary depending on factors such as:

The complexity of your case.
The specific charges involved.
The court’s schedule.
Administrative processing times.

For further assistance, it’s recommended to consult with a Texas expungement attorney. They can help you determine your eligibility and guide you through the expungement process based on your specific circumstances.

My boyfriend was released this morning for DWI. He is in Texas for work. But lives in California, Can he leave the state?

Posted on June 8, 2025

If your boyfriend was released this morning after a DWI arrest in Texas and is currently on probation, he cannot leave the state without prior approval.

Travel Restrictions While on DWI Probation in Texas

In Texas, individuals on DWI probation are generally prohibited from traveling outside their county of residence without permission. To travel beyond this area, including out of state, he must request and obtain approval from his probation officer or the court. Unauthorized travel can result in a probation violation and potential revocation of probation .

Steps to Request Permission for Out-of-State Travel

Contact the Probation Officer: He should inform his probation officer about the need to travel out of state and provide details such as the destination, purpose of the trip, and duration.
Submit a Formal Request: Depending on the probation department’s procedures, he may need to complete a travel request form. It’s advisable to submit this request well in advance, as processing times can vary.
Await Approval: The probation officer will review the request and determine whether to grant permission. In some cases, the court may need to approve the travel request.

It’s important to note that traveling without obtaining the necessary approvals can lead to serious consequences, including the possibility of probation revocation.

Relocating to California

If he intends to relocate to California permanently, he must initiate a formal transfer of supervision through the Interstate Compact for Adult Offender Supervision (ICAOS). This process involves coordination between Texas and California authorities and requires approval from both states. Eligibility typically requires having more than 90 days left on probation and being in substantial compliance with current rules .

Immediate Next Steps

He should contact his probation officer immediately to discuss his situation and intentions. The probation officer can provide guidance on the appropriate steps to take and help ensure compliance with all legal requirements.

Looking for information on a probation violation my fiancée is currently in Dallas county jail. What are our options?

Posted on June 8, 2025

When facing a probation violation in Dallas County, Texas, there are several options to consider. Here’s an overview of potential paths forward:

1. Probation Revocation Hearing

If a probation violation is alleged, a revocation hearing will be scheduled. At this hearing, the prosecution must prove by a preponderance of the evidence that a violation occurred. Your fiancée has the right to contest the allegations and present evidence in their defense. Possible outcomes include:

No Violation Found: Probation continues as is.
Violation Found: Probation may be revoked, leading to jail or prison time.
Violation Found with Modified Terms: Probation may continue with stricter conditions.

It’s crucial to have legal representation at this stage to navigate the complexities of the hearing and advocate for the best possible outcome.

2. Negotiating a Modified Probation

In some cases, it may be possible to negotiate with the court to modify the terms of probation rather than revoking it entirely. This could involve:

Adding conditions like community service, counseling, or electronic monitoring.
Extending the probation period instead of imposing jail time.

An experienced attorney can assist in presenting a case to the judge that demonstrates your fiancée’s commitment to rehabilitation and compliance.

3. Seeking Early Termination of Probation

If your fiancée has complied with probation terms and demonstrated good behavior, they might be eligible for early termination. The judge will consider factors such as:

Completion of all probation requirements.
Positive behavior during the probation period.
The nature of the original offense.

An attorney can help file a motion for early termination and present a compelling argument to the court.

4. Exploring Specialty Courts and Diversion Programs

Dallas County offers specialty courts and diversion programs aimed at rehabilitation, such as the AIM (Achieve, Inspire, Motivate) Court Program. These programs target non-violent offenders and focus on treatment and support. Eligibility typically requires approval from the District Attorney’s Office and may involve:

Substance abuse counseling.
Life skills and education support.
Family intervention and counseling.

Successful completion can lead to dismissal and expungement of charges.

5. Legal Representation

Given the complexities of probation violation cases, it’s advisable to consult with a criminal defense attorney experienced in Dallas County proceedings. They can:

Evaluate the specifics of the violation.
Develop a defense strategy.
Represent your fiancée in hearings and negotiations.

Local firms such as Rbisenberg.com Criminal Law specialize in probation-related cases and can provide tailored legal support.

Will a dwi in a commercial vehicle in 2010 affect getting a new cdl in 2025?

Posted on June 8, 2025

Will a dwi in a commercial vehicle in 2010 affect getting a new cdl in 2025?

A DWI (Driving While Intoxicated) in a commercial vehicle in 2010 can affect your ability to obtain a new Commercial Driver’s License (CDL) in 2025, but whether it will depends on several factors:

1. Federal Regulations

According to the Federal Motor Carrier Safety Administration (FMCSA):

A first offense DWI in a commercial vehicle results in a 1-year disqualification of the CDL.
A second offense results in a lifetime disqualification (though some states allow reinstatement after 10 years under specific conditions).

Since your offense was in 2010 and it’s now 2025, that’s 15 years later, which means:

If it was your only DWI offense and you’ve complied with all terms (suspensions, treatment, reinstatement procedures), you’re likely eligible for a new CDL.
If it was your second DWI (even if the first was in a personal vehicle), you might face lifetime disqualification.

2. State Regulations

Each state can impose stricter rules. Some states:

Require a longer waiting period.
Deny re issuance based on their own point or violation systems.
Require substance abuse evaluations, hearings, or SR-22 insurance filings.

3. Employment Considerations

Even if you’re eligible for a CDL:

Employers may be hesitant to hire drivers with any DWI history, especially in a commercial vehicle.
Some insurance companies will not cover drivers with a DWI, making hiring difficult.

What You Should Do:

Check with your state’s DMV or licensing authority – ask about your eligibility for CDL issuance or re issuance.
Request your driving record – ensure the DWI and any disqualifications are properly recorded and cleared.
Consult an attorney – especially if there are questions about disqualifications or how the offense is categorized.

Our 2025 June Monthly Criminal Defense Lawyer Newsletter and Survey

Posted on June 6, 2025

We Love It When We Earn a New 5 Star Review Because Our Criminal Defense Lawyers Do Good Work!

Posted on June 6, 2025

Shelly says: I can’t thank Larry Boyd enough for the incredible work on my DWI case. It was a tough situation, but he fought hard, stayed sharp, and ultimately won the case. Mr Boyd’s knowledge of the law, attention to detail, and confidence in the ALR hearing made all the difference. Without him I would have lost my case!!!! I Highly recommended for anyone who needs a strong and reliable defense attorney.

If I got a class c misdemeanor dismissed, what is the waiting period to get an expungement?

My boyfriend was released this morning for DWI. He is in Texas for work. But lives in California, Can he leave the state?

Travel Restrictions While on DWI Probation in Texas