How to Expunge Brandishing Charge in Texas | Everything You Should Know

Brandishing isn't such a common offense in the United States, but it's still serious and can lead to lasting consequences for the person with the charge.

In many states of the U.S., including Texas, it's possible to expunge certain crimes from a person's record. This means that they will be removed from there and are, therefore, not accessible by anyone (in most cases).

Is it possible to expunge a brandishing charge in Texas? What possible consequences can a person expect from such a crime? This page covers all the information to know about it.

What Does Brandishing a Weapon Mean?

"Brandishing" something means waving or holding an item in a threatening manner. Many people do this as an intimidation measure.

Some people wave non-fatal objects, such as sticks. Others, however, wave weapons like knives or loaded firearms. Since these objects can cause serious bodily injury, it's possible for a person to face criminal charges, especially if they're unlawfully carrying these weapons.

Texas, specifically, doesn't explicitly use the term "brandishing" when addressing these crimes. Instead, it uses two charges when talking about similar behavior: "Deadly Conduct" and "Unlawful Carrying of Weapons."

Understanding "Deadly Conduct" and "Unlawful Carrying of Weapons" Under Texas Gun Laws

Gun ownership laws in Texas may allow people with a license to carry a concealed weapon. However, the law won't protect them if they openly carry handguns or take them to certain places, such as sporting events, churches, hospitals, etc.

Here's a breakdown of the two most common laws used to explain similar conduct to brandishing in Texas:

Deadly Conduct

"Deadly Conduct" falls under the Texas Penal Code § 22.05. It explains that a person is committing an offense if they recklessly engage in behavior that puts another individual in imminent danger.

Also, it states that a person is committing an offense if they knowingly discharge a firearm at or in the direction of:

• One or more people.

• A habitation, building, or vehicle (especially if it's occupied).

Even if the victim didn't know that the firearm was loaded, the state would presume recklessness and danger if the defendant knowingly pointed it at them or in the direction of another.

Those who commit the first offense may face a Class A misdemeanor. On the other hand, those who commit the second offense can face a third-degree felony.

Unlawful Carrying of Weapons

It falls under the Texas Penal Code § 46.02 and explains that a person is committing an offense if they intentionally, recklessly, or knowingly carry a handgun. They're also considered to be committing an offense if they're:

• Younger than 21.

• Intoxicated at the time of holding the weapon.

• Displaying the deadly weapon in plain view while in public (there's an exception if the weapon is holstered).

• Convicted of a prior offense that prohibits the person from carrying a weapon.

Depending on the offense, the defendant may get a Class C misdemeanor up to a third-degree felony.

Other Laws Worth Considering

There are two more laws that may be related to the previous weapon offenses. Here's a breakdown of them:

Terroristic Threat (§ 22.07)

It states that an individual is committing a crime if they display a weapon with the intent of causing fear of imminent serious bodily injury. Consequences range from Class B misdemeanors to felonies.

Aggravated Assault with a Deadly Weapon (§ 22.02)

This law mentions that, for people who brandish a firearm and use it to threaten or intimidate someone, a court may elevate the crime to aggravated assault.

What's the Difference Between Displaying and Brandishing a Weapon?

The difference is fairly simple. It's mostly about intent.

Displaying a firearm to intimidate, coerce, or threaten someone is considered reckless behavior. However, a defensive display is done because of self-defense, defense of others, crime prevention, etc. A police officer, for example, may be able to display a firearm correctly if they do it reasonably. For more information, our criminal attorney may be able to help.

What Are the Consequences of Brandishing a Weapon?

They depend on the type of charge. A person with "Deadly Conduct" charges may get anything from a Class A misdemeanor to a third-degree felony. Those with unlawful possession of a gun, however, may only get a Class A misdemeanor.

Here's an explanation of the consequences involved with these cases:

Misdemeanor Charges

Class A misdemeanors involve consequences like:

• Up to one year in prison

• At least 12 months of probation

• Up to $4,000 in fines

Felony Charges

Felonies, on the other hand, are much more severe for any "Deadly Conduct" case. Here are its consequences:

• Prison term of two years at a minimum and 10 at a maximum

• At least 12 months of probation

• Up to $10,000 in fines

The statute of limitations for "Deadly Conduct" in Texas is two years, although felony offenses may extend that period to up to three years. This means that the defendant can get prosecuted during that time.

How to Expunge Brandishing Charges in Texas

Expunging crimes in Texas isn't easy, and it depends on several factors. Hiring an attorney will be the defendant's best choice if they want a decent outcome. They can also advise on how to expunge money laundering charge in Texas.

In most cases, here's what defendants should do to expunge their records:

Understand the Criteria for Eligibility

The most crucial step is to define whether the person is eligible for expunction. Here are the criteria most people should meet:

• The charge was dismissed.

• The person was acquitted at trial.

• The person was pardoned (or the conviction was overturned).

• The person completed a "deferred disposition" for a minor offense (Class C misdemeanor).

• The person was arrested but not formally charged.

To summarize, those who had their charges dismissed without probation will qualify for expungement. The same applies to those who resolved their cases through "deferred disposition" or other special programs.

In the case of Class A misdemeanors, at least a year must have passed since the arrest. Felonies, on the other hand, require at least three years since the arrest.

Talking to an attorney may give people a better idea of whether they are eligible for expunging their records before they try. They can provide insight on how to expunge vandalism charge in Texas as well.

File a Petition for Expunction

The defendant must file a petition in the county where the charges were filed. They can do this with the help of an expert attorney.

Most petitions must include the following:

• Personal information (full name, date of birth, and address)

• Details about the arrest (date, case number, law enforcement agency)

• Information about the charge's resolution

Attend an Expunction Hearing

An attorney will give the defendant a list of documents they should have before requesting a hearing. Once they file them alongside the petition, a clerk will check everything and ask for a filing fee.

Next, the defendant will get their court hearing scheduled. All parties involved in the charge must be notified about this.

In the hearing, the defendant will be asked to answer a few questions about their expungement, particularly the reasons why they're requesting it.

If the court finds that the defendant meets all the requirements, they will submit an "Order of Expunction," which the judge will sign. This is an order that requires agencies to either seal or destroy the arrest records.

Is Nondisclosure a Possibility?

Some people may not qualify for an expunction, but not all hope is lost. In some cases, the defendant may qualify for an order of nondisclosure. It seals the record from the public, although it'll leave it for certain government agencies.

Nondisclosure is common in cases resolved through deferred disposition.

Common Scenarios Where Someone May Brandish a Weapon

A person may brandish their weapon for a variety of reasons. Here are the three most common ones:

Domestic Disputes

Some people brandish weapons during heated arguments. In a domestic dispute, for example, the defendant may grab a knife and hold it menacingly. The victim, in this case, will likely feel threatened, which is enough grounds for a brandishing charge.

Whether the weapon is a knife or a gun, it doesn't need to touch the other person to be considered an offense. The mere act of brandishing it will constitute an offense.

Confrontations with Law Enforcement

Some defendants may brandish their weapons because they believe they're asserting their rights. One case may involve the defendant brandishing their weapon at an officer because of a stop, for example.

This act will escalate the incident into something much worse.

Road Rage

A lot of people experience road rage at some point. Some people may pull out a firearm and wave it at another driver, which is seen as an intimidating measure.

It's important to note that the person doesn't need to point the weapon directly at the other driver or fire it. The act of waving it around will be enough for the victim to file a legal claim.

Bottom Line - Get Help from an Experienced Criminal Defense Attorney

Expunging a record is much more complicated than it seems. Without the right legal help, most defendants won't know even if they're eligible in the first place.

Calling a Dallas gun crime lawyer, for example, won't do as much as hiring a professional in the relevant area. Those looking for a weapons crime expert in Ft. Worth can talk to the team at Sparks Law Firm.

Each attorney on this team has a thorough understanding of Texas law, and they can help defendants find the right strategy to fight for their rights. In the case of those wanting to expunge their criminal history, an attorney from this firm can evaluate the case and determine whether this is possible.