Expunction in Texas for NGRI

**rhumburg** · 02-22-2005, 08:37 AM

In 2001 I was a school teacher, and had been for 10 years. I have a Master's in Education from the University of St. Thomas. I did have 7 teaching certificates.
In January of 2001, I contacted my psychiatrist regarding a conflict of medication. He advised me to stop taking one of the medications and reduce the other. I misunderstood his instructions, and as a result experienced a psychotic break. During this episode I poked my mother with a knife (which later required one suture). I called my ex-wife for help, and she called 911, telling the police I was insane and stabbed my mother (technically correct). I was arrested and help without bond. I was eventually found Not Guilty by Reason of Insanity on April 20th, 2001, and released.
As a result, I have lost my career and my teaching certificates. I am on disability through the Teacher Retirement Program and sell fishing tackle, which doesn't support my family, including my mother, who understood the situation and visited me in jail as soon as she found out where I was.
I cannot get a job where a criminal history is required. Any help regarding this situation would be appreciated. I look forward to hearing from you regarding this.

**Anonymous** · 02-22-2005, 12:18 PM

The statutorly language suggests that you may apply for expunction of your record.

Quoting Texas Code of Criminal Procedure, Art. 55.01

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.

The statute does not suggest that a "not guilty by reason of insanity" is to be treated as anything but an acquittal. (The state's DNA registration statute, on the other hand, specifically excludes a NGRI verdict from being treated as an acquittal, suggesting that the legislature is aware of the need to make that specification if they don't want it to be regarded as acquittal.)

**rhumburg** · 02-22-2005, 07:37 PM

Now I have to consider how much it may cost to hire an attorney for this- as a fishing tackle salesperson I don't make much. Do you think that the D.A.(s) of the jurisdictions would be opposed to such a ruling, as many indigents (etc.) may try to use this precedent to remove judgments?

**Anonymous** · 02-23-2005, 02:56 PM

It's hard for me to guess, as I don't have any experience with Texas courts. Perhaps you should consult with a couple of local lawyers to find out what they would charge, and how courts typically respond to these petitions. Based upon that, you may wish to try to file the petition yourself.

If you go to the courthouse, the Clerk may be able to find you a file from a prior expungement case, and if so you should be able to purchase copies of the relevant portions of the file such that you can use it as a model to create your own pleadings.