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Galveston County Offense Guide

Expunging Assault — Family Violence in Galveston County

How a family violence charge gets erased through the Galveston 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 Galveston County

Galveston County expunctions are filed in the district courts at the Galveston County Justice Center, serving Galveston Island, League City, Texas City, and the coastal communities southeast of Houston.

Records commonly involve Galveston PD, League City PD, Texas City PD, the Sheriff's Office, the clerks, and DPS.

Local practice notes

Galveston's tourist economy generates a steady stream of visitor arrests — beach and seawall citations, PI, MIP — most of which end in deferrals or dismissals and are later expungable without the client ever returning to the island. On the mainland side, League City and Texas City's industrial and healthcare employers screen records closely. The county's docket is lighter than Houston's, and eligible cases generally move efficiently.

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.

I live in Houston but my arrest was in Galveston. Where does the expunction happen?

In Galveston County — expunctions are filed in the county of arrest. We handle it; you won't need to make the drive.

Are seawall citations really worth expunging?

If it created a criminal record — PI, MIP, possession — yes. Class C beach cases are among the fastest, least expensive records to clear, and they show on background checks like anything else.

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 Galveston County

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