Hale County Offense Guide
Expunging Assault — Family Violence in Hale County
How a family violence charge gets erased through the Plainview courts — eligibility, local filing practice, and why it's worth doing.
Statute
Tex. Penal Code § 22.01; Tex. Fam. Code § 71.004
Offense level
Class A misdemeanor to felony, with enhanced consequences
About the charge
Assault involving a family member, household member, or dating partner carries a 'family violence' designation that follows the case everywhere. These charges are filed aggressively — often on an officer's mandatory-arrest judgment call during a chaotic scene — and a large share are later dismissed when the full picture emerges.
Texas treats family violence records more severely than almost any other misdemeanor: an affirmative finding of family violence permanently bars sealing, enhances future charges to felonies, and federally prohibits firearm possession after conviction.
Where your case gets cleared in Hale County
An expunction of a Hale County arrest is a civil case filed in the district court serving the county, heard at the courthouse in Plainview. The petition has to name each agency holding a piece of the record, from the arresting department to the clerks and the state.
A complete petition serves every records holder: the Hale County Sheriff's Office, local police agencies, the district and county clerks, the prosecuting attorney, and DPS, which maintains the statewide criminal history database.
Local practice notes
Hale County's courts run a moderate docket — busier than rural counties, far lighter than the metros — and eligible expunctions generally proceed at a steady pace from filing to order. The regional economy is anchored by cotton and agriculture with Lubbock as its hub, and agricultural employers, gins, and equipment dealers screen records like any other business.
Can a family violence charge be expunged?
Like nearly every Texas offense, eligibility turns on how the case ended. An arrest for this charge is generally expungable under Chapter 55A of the Code of Criminal Procedure if:
- The charge was dismissed and the applicable waiting or limitations period has passed
- You were acquitted at trial
- A grand jury declined to indict (felony no-bill)
- You were arrested but never charged, once the waiting period runs
- You completed a Class C deferred disposition and the charge was dismissed
Here's what makes expunction critical for these cases: because a family-violence record can never be sealed with a nondisclosure order — even after successful deferred adjudication — expunction of a dismissed, no-billed, or acquitted charge is the only path to a clean record. If your case was dismissed and the limitations period has run (or the dismissal shows a lack of probable cause), the arrest can be erased entirely. If you're offered deferred adjudication on a family-violence case that could be beaten, that trade-off deserves very careful thought.
If expunction isn't available: sealing
Not available. Texas law excludes any offense with a family-violence finding from nondisclosure — including completed deferred adjudication. This is the harshest sealing exclusion in the statute and the reason dismissed cases should always be expunged. Learn how orders of nondisclosure work →
Why clearing this record matters
A family violence record is uniquely destructive: it appears in custody and divorce proceedings, triggers the federal firearm ban if it ripens into a conviction, bars many housing applications, and reads as the most serious possible misdemeanor to any employer. For a charge that was dismissed, leaving the arrest on your record means carrying all of that stigma for something the state chose not to prosecute.
Common questions
My family violence case was dismissed. Why do I need to act?
Because the arrest remains public and — uniquely — can never be sealed, only expunged. Expunction is the single available remedy, and it erases the record completely.
I completed deferred adjudication on a family violence case. Can it be cleared?
Unfortunately, no. Deferred adjudication with a family-violence finding is excluded from both expunction and nondisclosure. We can review your judgment to confirm whether a family-violence finding was actually entered — sometimes it wasn't, which changes the analysis.
Does a dismissed family violence arrest affect gun purchases?
A dismissed charge is not a conviction and doesn't trigger the federal ban, but the arrest can still surface in background investigations and cause delays or denials — another reason to expunge it.
How long does an expunction take in Hale County?
Typically a few months from filing to signed order, subject to the court's schedule.
Do I need to travel to Plainview for my expunction?
Almost never — Hale County expunctions can nearly always be completed without you appearing, no matter where you live now.
Statewide guide
Assault — Family Violence expunction in Texas →
County guide
All Hale County expunctions →
Disclaimer: This page is general legal information about Texas law, not legal advice about your case, and reading it does not create an attorney‑client relationship. Eligibility depends on the complete details of your criminal history — get a free case review for a definitive answer.
Clear a family violence charge in Hale County
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