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  1. #1
    Join Date
    Aug 2005
    Location
    Houston, Texas
    Posts
    1

    Default Texas expunction for a misdemeanor

    When going to trial by judge, he denied a plea for deferred adjudication and I had never been in trouble in my life. Unfortunately, I was given probation and was not able to pay off the fines entirely. I was then sentenced to 20 days in jail. The charges were for a misdemeanor theft $50-$500. This was back in 1999. Would I still be eligible for an expungement?

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

    Default Texas Expunction Law

    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.
    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.

  3. #3
    Join Date
    Aug 2005
    Location
    Dallas-Fort Worth
    Posts
    158

    Default

    Although it sounds like you are not eligible for an expunction or order of non-disclosure, what was the final disposition of the case? After you served the time, did they dismiss the charge or did you have a conviction entered on your record. If you have a conviction, then there is nothing you can do. If not, you may be able to seal your record using and Order of Non-Disclosure. It will also depend on the seriousness of the charge and the length of time that has passed since the disposition of the case.

    If you want, you an email me and I might be able to assist you further.

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