Protective Order Dropped, Charges Dismissed — But I Still Have a Mugshot and a 3-Year Wait for Expunction. What Are My Options? Texas

Location: Texas

My ex-wife and I have been going through a messy divorce. In the middle of a custody battle, she accused me of hitting her arm — an incident she claims happened at the end of 2024. But she didn’t report it at the time. No police report. No medical attention. Nothing.

Instead, she waited until March 2025, months later, and only after a judge had dropped the protective order she previously filed. That’s when she brought the exact same story to a detective.

Let me back up.

She initially went alone to the courthouse and got a protective order signed the same day. Multiple attorneys told me the judge who signed it is known for quickly approving domestic violence orders — especially when a woman comes in crying, asking for protection. I understand the need to err on the side of caution, but that decision immediately cut me off from seeing my daughter.

When the protective order finally went to a full hearing, the judge saw the “evidence” — a single photo of a faint bruise on her arm (not even her face in the image), no medical records, no witnesses. The judge also noticed clear contradictions in her testimony and dropped the protective order. She saw the bigger picture — and made the right call.

But literally the next day, my ex went to a detective with the exact same story and photo. What the detective didn’t know:
• The evidence had already been reviewed in court and dismissed
• We were in the middle of a contentious divorce
• She had told multiple family members she was doing this for leverage — to gain full custody and push me out of a business we built together
• She had a history of erratic behavior and violence herself — toward me and others

The detective didn’t know or ask about any of that. He just took her statement and filed charges. I was arrested and charged with Class A misdemeanor family violence.

Fast forward: she never confessed to lying, but she did later tell the prosecutor she wanted the case dismissed. So we’re in the process of working out a conditional dismissal — no plea, no conviction, just eight hours of anger management. Then, I wait.

The issue is this: because it’s not an acquittal, I have to wait three years to expunge it. Even though the case was dismissed. Even though the evidence never held up in court. Even though this was clearly weaponized as leverage in a custody battle.

My criminal and divorce attorneys both said the same thing: if this actually went to trial, we’re confident I’d be acquitted. The evidence is weak, and she wouldn’t hold up under cross-examination. But there’s still risk in putting that outcome in the hands of the court — especially after already seeing how easily the detective moved forward with charges based on half a story.

If the case were set for trial, it’s possible it could still be dismissed before ever reaching that point — particularly because she’s not cooperative. But there’s also the chance she could be subpoenaed, and then it becomes unpredictable. That kind of risk — even when you know you’re innocent — can come at too high a cost. If a jury got it wrong, the consequences would be irreversible.

So we’re in the process of working out this conditional dismissal — no conviction, no plea, just eight hours of anger management. And then, I wait.

Here’s my question:
Because it’s dismissed, but not expunged, mugshot sites can still display my photo. I’m already dealing with this showing up in background checks for housing. I’ve read about Texas Business & Commerce Code 109 — which requires these sites to remove info if you weren’t convicted. Has anyone had success using that law before the actual expunction goes through?

What would you do in my situation? Is there any other option I’m not seeing?