When you are facing criminal charges, doing everything you can to fight the conviction in court is critical. As such, understanding the different outcomes you may receive is imperative. The following blog explores the differences between an acquittal and a dismissal for Texas criminal charges. Additionally, you’ll learn whether or not your arrest and charges can be removed from your permanent record, as well as the importance of working with Houston criminal defense attorneys to help you in the fight for the best possible outcome for your unique circumstances.
How Do an Acquittal and a Dismissal Differ in Texas?
In general, an acquittal occurs when a criminal defendant is found not guilty after a trial. This is usually the result of the prosecution’s failure to prove guilt beyond a reasonable doubt. Generally, the jury will deliver the verdict, unless you went through a bench trial, at which point the judge would determine whether or not you are guilty of the offense based on the evidence presented by the prosecution and your defense team.
It’s necessary to understand that once you are acquitted, you cannot be retried for the same offense, as this constitutes double jeopardy. As such, following your acquittal, your case will be permanently closed.
A dismissal, on the other hand, occurs when the prosecution ends the case before it proceeds to trial. This is often the result of insufficient evidence, violations of Constitutional rights, or witnesses refusing to cooperate with the investigation and subsequent prosecution. You should note that, unlike acquittals, you can be retried for this offense at a later date, as dismissals do not reflect innocence.
Can I Have the Charges Removed From My Record?
In general, if you are acquitted of the charges against you, you are most likely eligible to expunge the charges from your record. In most instances, this will happen automatically. An expungement seals your record, meaning it cannot be accessed by the public and will not appear on background checks or when seeking employment. This essentially means that it will be like the arrest and charges never happened.
If your case is dismissed, however, getting an expungement is more difficult. Because you were technically never found innocent of the crimes, the court will look at the reason that the charges were dismissed, as well as whether or not any statutes of limitations impact the case. In cases where expunction is not an option, you may be able to seek an Order of Nondisclosure. This seals your record from public view, but the charges will remain as part of your permanent record.
When you are facing criminal charges, it’s critical to understand that you do not have to endure this process alone. At the Gonzalez Law Group, our dedicated legal team understands how difficult these matters can be to navigate, which is why we will do everything in our power to help you fight for the best possible outcome for your unique case. When you need assistance, contact our firm today to learn how we can fight for you.