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  1. #1
    Join Date
    Jul 2005
    Location
    Fort Worth Tx.
    Posts
    2

    Default Texas expungement after completing deferred adjudication

    I will complete my def. adj. 8/26/05 for a first offense, felony possesion, under a gram and misdemeanor DWI that ran concurrent. Does anyone know how long I have to wait to file for an expungement? How do I find out if I'm eligible? etc. Any advise would be greatly appreciated.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Texas Expunction

    The statutorly language suggests that if community supervision was ordered you may not be eligible to apply for expunction of your record. Otherwise you appear eligible.
    Quote 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.
    If you do not believe you are eligible, you may wish to contact a Texas lawyer about your options, as it doesn't make much sense to me that you can get an expunction if convicted and pardoned, but not if you are the subject of a deferred adjudication of anything more than a Class C misdemeanor where community supervision is ordered. But perhaps the legislature has its reasons, or the courts have interpreted the statute more liberally.

  3. #3
    Join Date
    Jul 2005
    Location
    Fort Worth Tx.
    Posts
    2

    Default record sealing?

    If I can't get it expunged is there a way I can get it sealed so future employers can't see

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Petition for Nondisclosure

    I believe that, following successful completion of a deferred sentence and a dismissal by the trial court, you can petition the trial court for nondisclosure of criminal records. A successful petition results in an order instructing certain law enforcement agencies to refrain from disclosing to any third party any criminal records associated with the arrest, prosecution and deferred probation.

  5. #5
    Join Date
    Aug 2005
    Location
    Dallas-Fort Worth
    Posts
    158

    Default

    A person may petition a court for an order of nondisclosure five years after the discharge and dismissal of enumerated misdemeanor offenses and ten years after the discharge and dismissal of felony offenses for which the person was placed on deferred adjudication and successfully completed the required community supervision [Tex. Gov't. Code 411.081(d)(1)(2) ]. You don't appear to be eligible for an expungement.

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