Expungement Assistance in Texas

[Dazed]

I was convicted of Class c misdemenor about 7 years ago, with community service. I had read and read the qualifications for expugement but not sure If I qualify. Can I get some advice?

[aaron]

Under Texas law it appears that you would have to obtain a pardon, in relation to the misdemeanor, and then petition for expunction of your record.

Right to Expunction

(a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:

(1) the person is tried for the offense for which the person was arrested and is:

(A) acquitted by the trial court, except as provided by Subsection (c) of this section; or

(B) convicted and subsequently pardoned; or

(2) each of the following conditions exist:

(A) an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and:

(i) the limitations period expired before the date on which a petition for expunction was filed under Article 55.02; or

(ii) the court finds that the indictment or information was dismissed or quashed because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void;

(B) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 for any offense other than a Class C misdemeanor; and

(C) the person has not been convicted of a felony in the five years preceding the date of the arrest.

(b) Except as provided by Subsection (c) of this section, a district court may expunge all records and files relating to the arrest of a person who has been arrested for commission of a felony or misdemeanor under the procedure established under Article 55.02 of this code if the person is:

(1) tried for the offense for which the person was arrested;

(2) convicted of the offense; and

(3) acquitted by the court of criminal appeals.

(c) A court may not order the expunction of records and files relating to an arrest for an offense for which a person is subsequently acquitted, whether by the trial court or the court of criminal appeals, if the offense for which the person was acquitted arose out of a criminal episode, as defined by Section 3.01, Penal Code, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode.

(d) A person is entitled to have any information that identifies the person, including the person's name, address, date of birth, driver's license number, and social security number, contained in records and files relating to the arrest of another person expunged if:

(1) the information identifying the person asserting the entitlement to expunction was falsely given by the person arrested as the arrested person's identifying information without the consent of the person asserting the entitlement; and

(2) the only reason for the information identifying the person asserting the entitlement being contained in the arrest records and files of the person arrested is that the information was falsely given by the person arrested as the arrested person's identifying information.

If you received a dismissal instead of a conviction upon completion of your sentence, you may be able to petition for an Order of Non-Disclosure which would seal your record; however, from your description it sounds like a conviction was entered.

[vmcmurry]

Were you found guilty? Or was the charge dismissed after completing deferred adjudication / community supervision? If you were found guilty, then you would have to get a pardon. If you were placed on deferred adjudication, then you can probably either seal your record (Order of Non-Disclosure) or get it Expunged depending on the circumstances. If you don't know the disposition, you can call the court clerk for the county where you were charged and ask them (usually you can look this up on the web.) I'm an attorney in Texas and can help you more if you need. Feel free to email me at vance@mcmurrymcmurry.com .

[blanfear]

If you are given Deferred Adjudication in Texas, you can now file for a non-disclosure, (sealing of your records). There is no expunction law for this so called non-conviction. To the best of my knowledge Class C Misdemeanors, are the only ones possible expungable. I urge anyone who has been effected by taking Deferred Adjudication in the State of Texas to join our Organization: Texan's for the Reform of Deferred Adjudication. Why? Where you told this is not a conviction? That it would not show up on your records? WRONG! The Texas DPS statistics show that 1.92 million Texan's are on DA. The DPS sells your Deferred Adjudiction record to Background check companies. So what happens to the innocent, the falsely accused who are told this is the best thing out there? Thousands are being denied jobs, renewal of license, car insurance, apartment housing, over a non-conviction! Our Organization has had recent bills signed and passed into legislation, the order for a Non-Disclosure is one. This is only a sealling of your record. Not an expungement. Yet there are agencies who can still request these records even after sealing. They are Government Agencies, Licensing Agencies, Schools, Hospitals, etc. etc. Join us as we fight this corruption in Texas, civil rights are being violated here! Our links: Please join the Yahoo Group and the Main website: http://groups.yahoo.com/group/DeferredAdjudication/ and http://deferredadjudication.org
Sincerely,
Beverly Lanfear

[jerkymom34]

I believe a deferred adjudication can only be "sealed" with a non-disclosure agreement. It can't ever be expunged. Lawyers for some reason don't explain this to their clients.

Even with a sealed record, it's still available to state agencies, financial instituions, insurance companies, health insurance companies and the list goes on.

Do a Google search on "deferred adjudication". There are some activists out there working hard to change the laws.........to make deferred adjudication something that can be expunged.

[vmcmurry]

Actually, some Class C misdemeanors in Texas which were placed on deferred adjudication can be expunged depending on the circumstances and especially those in JP or Municipal court.

[Dazed]

I am now even more confused than I was before, from the replies to my post it shows that as long as i apply and approved for a pardon I could possibly get an expungement with a misdemeanor I was convicted on. Sinvce then I contacted an attorney here in Houston and was told I could only get expungement if I received deferred ajudication or my case was dismissed. I am still confused

[vmcmurry]

Contact the court clerk (can usually an find the number on the web) and make sure it was recorded as a conviction and not a deferred adjudication.


Depending on the disposition of the case and the severity of the charge, you must get a pardon, an order of nondisclosure, or an expungement in order to clear/seal your record.

Convictions (regardless of the severity of charge) - not eligible for an expungement or sealed record (AKA Non-Dislcosure). Would have to get a pardon. Once pardoned, then the record may be expunged (although there are requirements to be met.) (since there is still a record of the arrest and pardon - you would have to expunge all of it.)

Class C Misdemeanors - If received deferred adjudication, then may be possible to get an expungement (if in JP Court or Municipal Court). Otherwise, you can seal the record immediately folling completion of the deferrment. Acquittals and most dismissals are eligble to be expunged immediately.

Class A & B Misdemeanors. If received deferred adjudication, can seal (order of non-disclosure) 2 years after completion of deferrment. Acquittal or most dismissals - can be expunged immediately.

Felonies - If received deferred adjudication, can seal the record (order of non-disclosure) 5 years after completion of deferrment. Acquittal or most dismissals - can be expunged immediately.

Juvenile records can be expunged or sealed at 21 (depending on circumstances.)