Helotes, TX Criminal Defense Law Firms & Lawyers

In Texas, ALL misdemeanor cases (classes A and B) have a 2 year statute of limitations.  That time period can be tolled (that is, stop running) if it can be proven that the defendant left the state and set up residence elsewhere.  It continues to run once the individual returns to the state.  As with anything else, the State has the burden to prove that there is a reason for the statute of limitations to be tolled.  Yes, terroristic threat is a 2 year statute of limitations. I hope that helps.

If you pled guilty to the Class C and were finally convicted, you cannot expunge that offense. However, if you plead guilty to the Class C, and were given deferred adjudication, you may be able to expunge that. The felony charge is trickier. Basically, it depends on how the case was handled procedurally. If the State dismissed the felony indictment (or information depending upon where it was in the process) and refiled a Class C Assault, you should be able to expunge the felony filing, generally. Beware, Art. 55.01 places certain limitations on eligibility based on the charge. So, Assault-FV may be excluded. So, if the original case was dismissed and it was refiled, you should call an attorney to pursue it further.  If you simply plead to a reduced Class C offense under the original felony cause number, you will likely not be able to expunge it. Nondisclosure only applies in cases where you were given deferred adjudication, and successfully completed it.